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Full text of "San Francisco Charter"

CITY AND COUNTY OF 

SAN FRANCISCO 

MUNICIPAL CODE 



1996 CHARTER 




f 



MUNICIPAL CODE CORPORATION 



Tallahassee, Florida 



2006 



CITY AND COUNTY OF SAN FRANCISCO 
MUNICIPAL CODE 



Charter 

Administrative Code 

Building and Related Technical Codes 

Business and Tax Regulations Code 

Campaign and Governmental Conduct Code 

Environment Code 

Fire Code 

Health Code 

Municipal Elections Code 

Park Code 

Planning Code 

Police Code 

Port Code 

Public Works Code 

Subdivision Code 

Traffic Code 

Zoning Maps 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



PREFACE TO THE 
1996 CHARTER 



The Charter of the City and County of San Francisco was adopted on 
November 7, 1995, and became effective July 1, 1996. This volume 
contains charter provisions enacted through the election of February 
2008. 

The San Francisco Municipal Code contains ordinances enacted through 
Ordinance 75-08, File Nimiber 071531, Approved May 9, 2008. A 
legislative history, containing ordinance number and approval date, is 
located at the conclusion of most sections. The legislative history of 
ordinances approved after March 1999 also contain Board of Supervi- 
sors file numbers. 



Supp. No. 16, April 2008 



Supp. No. 16, April 2008 



1996 CHARTER 

Article Page 

PREAMBLE 3 

I. EXISTENCEAND POWERS OF THE CITY AND COUNTY 5 

n. LEGISLATIVE BRANCH 7 

m. EXECUTIVE BRANCH— OFFICE OF MAYOR 21 

IV. EXECUTIVE BRANCH— BOARDS, COMMISSIONS AND 

DEPARTMENTS 33 

V. EXECUTIVE BRANCH— ARTS AND CULTURE 73 

VI. OTHER ELECTIVE OFFICERS 87 

VIL JUDICIAL BRANCH 99 

VIIL EDUCATION AND LIBRARIES 105 

VIIIA. THE MUNICIPAL TRANSPORTATION AGENCY Ill 

VIIIB. PUBLIC UTILITIES 141 

IX. FINANCIAL PROVISIONS 151 

X. PERSONNEL ADMINISTRATION 171 

XI. EMPLOYER-EMPLOYEE RELATIONS SYSTEM 187 

XII. EMPLOYEE RETIREMENT AND HEALTH SERVICE SYSTEMS 195 

XIIL ELECTIONS 207 

XIV. INITIATIVE, REFERENDUM AND RECALL 231 

XV. ETHICS 243 

XVI. MISCELLANEOUS PROVISIONS 255 

XVIL DEFINITIONS 301 

XVIH. TRANSITION PROVISIONS 321 

Appendix 

CHARTER APPENDICES 335 

A. EMPLOYMENT PROVISIONS 337 

B. PORT AGREEMENTS 725 

C. ETHICS PROVISIONS 751 

D. BUILDING INSPECTION PROVISIONS 771 



San Francisco - Charter 2 

Article Page 

E. SUPERVISORIAL DISTRICT BOUNDARIES 789 

F. AUTHORITY AND DUTIES OF CITY SERVICES AUDITOR 803 

INDEX 943 



PREAMBLE 

In order to obtain the full benefit of home rule granted by the Constitution 
of the State of California; to improve the quality of urban life; to encourage 
the participation of all persons and all sectors in the affairs of the City and 
County; to enable municipal government to meet the needs of the people 
effectively and efficiently; to provide for accountability and ethics in 
public service; to foster social harmony and cohesion; and to assure 
equality of opportunity for every resident: 

We, the people of the City and County of San Francisco, ordain and 
establish this Charter as the fundamental law of the City and County. 



San Francisco - Charter 



[INTENTIONALLY LEFT BLANK] 



ARTICLE I: EXISTENCE AND POWERS OF THE CITY AND COUNTY 

Sec. 1.100. Name and Boundaries. 
Sec. 1.101. Rights and Powers. 

SEC. 1.100. NAME AND BOUNDARIES. 

The City and County of San Francisco shall 
continue as a consolidated City and County with 
such boundaries as are prescribed by law, pursu- 
ant to this Charter and the laws of the State of 
California. 

SEC. 1.101. RIGHTS AND POWERS. 

The City and County of San Francisco may 
make and enforce all ordinances and regulations 
in respect to municipal affairs, subject only to 
the restrictions and limitations provided in this 
Charter. The City and County may make and 
enforce within its limits all local police, sanitary 
and other ordinances and regulations. The City 
and County may appear, sue and defend in all 
courts in all matters and proceedings. 

All rights and powers of a City and County 
which are not vested in another officer or entity 
by this Charter shall be exercised by the Board of 
Supervisors. 



San Francisco - Charter 



[INTENTIONALLY LEFT BLANK] 



ARTICLE II: LEGISLATIVE BRANCH 



Sec. 


2.100. 


Composition and Salary. 


Sec. 


2.101. 


Term of Office. 


Sec. 


2.102. 


[Repealed]. 


Sec. 


2.103. 


Meetings. 


Sec. 


2.104. 


Quorum. 


Sec. 


2.105. 


Ordinances and Resolutions 


Sec. 


2.106. 


Veto Override. 


Sec. 


2.107. 


Emergency Ordinances. 


Sec. 


2.108. 


Public's Right to Know. 


Sec. 


2.109. 


Rates, Fees and Similar 
Charges. 


Sec. 


2.111. 


[Repealed]. 


Sec. 


2.112. 


Fidehty Bonds. 


Sec. 


2.113. 


Legislative Initiative. 


Sec. 


2.114. 


Non-interference in 
Administration. 


Sec. 


2.115. 


Financial Audit. 


Sec. 


2.116. 


President of the Board of 
Supervisors. 


Sec. 


2.117. 


Offices of the Board of 
Supervisors. 


SEC 


;. 2.100. 


COJMPOSITIONAI^ 


SALARY. 





The Board of Supervisors shall consist of 
eleven members elected by district. 

The office of Board of Supervisors member is 
a full time position. The Civil Service Commis- 
sion shall set the Supervisors' salary once every 
five years. Before the Commission determines 
the Supervisors' salary, it shall conduct and 
consider a salary survey of other full time Cali- 
fornia City Councils and County Boards of Su- 
pervisors and it may consider the Consumer 
Price Index (CPI). 

The Civil Service Commission shall timely 
transmit its determination of the Supervisors' 
salary to the Controller, so that funds can be set 
aside for that purpose. The Controller shall in- 
clude the Civil Service Commission's determina- 



tion in appropriate budget documents to insure 
implementation. This determination may not be 
changed except by the Civil Service Commission. 

The Civil Service Commission shall establish 
dates for an appropriate five-year cycle for mak- 
ing the determinations required by this Section, 
in order to efficiently coordinate with City bud- 
get processes and related procedures. In order to 
institute this five-year cycle the initial determi- 
nation may be for less than a five-year period, as 
determined by the Civil Service Commission. 

If the City and employee organizations agree 
to amend the compensation provisions of exist- 
ing memoranda of understanding to reduce costs, 
the Civil Service Commission shall review and 
amend the Supervisors' salary as necessary to 
achieve comparable cost savings in the affected 
fiscal year or years. 

The provisions of this Section shall apply, 
notwithstanding any other provision of this Char- 
ter. (Amended November 1996; June 1998; No- 
vember 2002) 

SEC. 2.101. TERM OF OFFICE. 

Each member of the Board of Supervisors 
shall be elected at a general election and shall 
serve a four-year term commencing on the eighth 
day in January following election and until a 
successor qualifies. The respective terms of office 
of the members of the Board of Supervisors in 
effect on the date this Charter is adopted shall 
continue. 

No person elected or appointed as a Supervi- 
sor may serve as such for more than two succes- 
sive four-year terms. Any person appointed to 
the office of Supervisor to complete in excess of 
two years of a four-year term shall be deemed, 
for the purpose of this section, to have served one 
full term. No person having served two succes- 
sive four-year terms may serve as a Supervisor, 
either by election or appointment, until at least 
four years after the expiration of the second 
successive term in office. Any Supervisor who 



Supp. No. 4, January 2007 



Sec. 2.101. 



San Francisco - Charter 



resigns with less than two full years remaining 
until the expiration of the term shall be deemed, 
for the purposes of this section, to have served a 
full four-year term. 

SEC. 2.102. 

(Repealed November 2001) 

SEC. 2.103. MEETINGS. 

The Board of Supervisors shall meet at the 
legislative chambers in City Hall at 12:00 noon 
on the eighth day in January in each odd- 
numbered year. Thereafter, regular meetings shall 
be held on such dates and at such times as shall 
be fixed by resolution. 

The meetings of the Board shall be held in 
City Hall, provided that, in case of emergency, 
the Board, by resolution, may designate some 
other appropriate place as its temporary meeting 
place. 

Notice of any special meeting shall be pub- 
lished at least 24 hours in advance of such 
special meeting. 

The Board of Supervisors, by motion, may 
schedule special meetings of the Board in loca- 
tions in San Francisco other than City Hall. 
Notice of special meetings being convened out- 
side of City Hall shall be published and posted in 
City Hall at least 15 days in advance of such 
special meetings. Motions to schedule special 
meetings of the Board in locations in San Fran- 
cisco other than City Hall shall first be intro- 
duced and referred to a committee of the Board 
for hearing and consideration. 

The Board of Supervisors, by motion, may 
authorize a committee of the Board of Supervi- 
sors to schedule a special meeting of the commit- 
tee of the Board in a location in San Francisco 
other than City Hall. Notice of special committee 
meetings being convened outside of City Hall 
shall be published and posted in City Hall at 
least 15 days in advance of such special meet- 
ings. 

SEC. 2.104. QUORUM. 

(a) The presence of a majority of the mem- 
bers of the Board of Supervisors at a regular or 
special meeting shall constitute a quorum for the 



transaction of business. The term "presence" 
shall include participation by teleconferencing or 
other electronic means as authorized by Govern- 
ment Code Section 54953(b) or any successor 
legislation after the Board of Supervisors has 
adopted an ordinance pursuant to subsection (c) 
allowing such participation when the member is 
physically unable to attend in person, as certi- 
fied by a health care provider, due to the member's 
pregnancy, childbirth, or related condition. The 
Board of Supervisors may also, as part of a 
parental leave policy adopted pursuant to sub- 
section (c), authorize a member to participate in 
meetings by teleconferencing or other electronic 
means when the member is absent to care for his 
or her child after birth of the child, or after 
placement of the child with the member or the 
member's immediate family for adoption or fos- 
ter care. In the absence of a quorum, a smaller 
number of members may compel the attendance 
of absent members in the manner and under the 
penalties established by the Board of Supervi- 
sors. 

(b) The Board of Supervisors shall act by a 
majority, two-thirds, three-fourths, or other vote 
of all members of the Board. Each member 
present at a regular or special meeting shall vote 
"yes" or "no" when a question is put, unless 
excused from voting by a motion adopted by a 
majority of the members present. 

(c) Notwithstanding the provisions of Char- 
ter Section 10.101, the Board of Supervisors 
shall adopt parental leave policies for its mem- 
bers, including, but not limited to, authorization 
to participate in meetings by teleconferencing or 
other electronic means pursuant to subsection 
(a) and subject to the restrictions listed in that 
subsection. (Amended by Proposition B, Ap- 
proved 11/7/2006) 

SEC. 2.105. ORDINANCES AND 
RESOLUTIONS. 

The Board of Supervisors shall meet and 
transact its business according to rules which it 
shall adopt. 

The Board of Supervisors shall act only by 
written ordinance or resolution, except that it 



Supp. No. 4, January 2007 



Legislative Branch 



Sec. 2.107. 



may act by motion on matters over which the 
Board of Supervisors has exclusive jurisdiction. 
All legislative acts shall be by ordinance. An 
ordinance or resolution may be introduced before 
the Board of Supervisors by a member of the 
Board, a committee of the Board or the Mayor, 
and shall be referred to and reported upon by an 
appropriate committee of the Board. An ordi- 
nance or resolution may be prepared in commit- 
tee and reported out to the full Board for action, 
consistent with the public notice laws of the City. 
Except as otherwise provided in this Charter, 
passage of an ordinance or a resolution shall 
require the affirmative vote of a majority of the 
members of the Board. 

An ordinance shall deal with only one subject 
matter, except that appropriations ordinances 
may cover appropriations with respect to any 
number of subjects. The title of each ordinance 
shall clearly reflect the content of the ordinance. 

Except as otherwise provided in Section 2.107, 
passage of an ordinance shall require two read- 
ings at separate meetings of the Board of Super- 
visors, which shall be held at least five days 
apart. If an ordinance is amended at its second 
reading, the ordinance shall require a further 
reading prior to final passage. Resolutions shall 
require only one reading and may be adopted 
upon introduction without reference to commit- 
tee by unanimous affirmative vote of the mem- 
bers of the Board of Supervisors who are present, 
but in no event less than a quorum. 

All ordinances shall take effect no sooner 
than 30 days following the date of passage except 
for ordinances not subject to referendum and 
those authorizing bonded indebtedness and lease 
financings, which shall take effect immediately. 
Ordinances granting franchises shall take effect 
no sooner than 60 days after passage. No ordi- 
nance granting a franchise may be passed within 
90 days of its introduction. Resolutions may take 
effect immediately upon passage, or at such 
other time as shall be specified in the resolu- 
tions. 

SEC. 2.106. VETO OVERRIDE. 

The Board of Supervisors may enact an ordi- 
nance or resolution which has been vetoed by the 



Mayor pursuant to Section 3.103 if, within 30 
days after such veto, not less than two-thirds of 
the Board of Supervisors shall vote in favor of 
such measure, except as provided in Section 
9.104. If a larger vote is required for the adoption 
of the measure by provisions of this Charter, 
such larger vote shall be required to overcome 
the veto of the Mayor. 

SEC. 2.107. EMERGENCY ORDINANCES. 

An emergency ordinance may be passed in 
cases of public emergency affecting life, health, 
property, or for the uninterrupted operation of 
any City or County department or office required 
to comply with time limitations as established by 
law. Emergency ordinances shall require only 
one reading, and the affirmative vote of two- 
thirds of the Board of Supervisors shall be re- 
quired for the passage of an emergency ordi- 
nance. 

The form and manner of introduction of an 
emergency ordinance shall be as required for 
ordinances generally. In addition, an emergency 
ordinance shall contain: 

1. A declaration setting forth the existence 
of the emergency; 

2. A clear and concise description thereof; 
and 

3. An explanation of how the measures in 
the ordinance will address the emergency. 

An emergency ordinance shall be effective 
upon passage and shall automatically terminate 
on the 61st day following passage. An emergency 
ordinance may be reenacted upon the same terms 
and conditions applicable to its initial enact- 
ment. Any appropriation contained in an emer- 
gency ordinance shall be deemed to be an amend- 
ment to the final appropriations ordinance. 

An emergency ordinance may suspend spe- 
cific sections of this Charter, but may not: levy 
taxes; grant, renew or extend a franchise; regu- 
late the rate charged by any public utility for its 
services; set salaries; issue bonds; or buy, sell or 
lease land. 



Supp. No. 13, January 2008 



Sec. 2.108. 



San Francisco - Charter 



10 



SEC. 2.108. PUBLIC'S RIGHT TO KNOW. 

The Board of Supervisors shall adopt and 
maintain a Sunshine Ordinance to liberally pro- 
vide for the public's access to their government 
meetings, documents and records. 

The Clerk of the Board of Supervisors shall 
keep a permanent public record of the proceed- 
ings of the Board showing all action considered 
and taken, the text of ordinances and resolutions 
voted upon and the vote of each member of the 
Board regarding any matter before the Board. 
The Clerk of the Board shall cause the text of all 
ordinances or resolutions passed by the Board to 
be readily available to the public. 

A written calendar of the business scheduled 
for each meeting of the Board of Supervisors or 
any standing or special committee comprised of 
Board members and established by the Board 
shall be prepared and available to the public 
before each meeting. Summaries of board and 
committee calendar items of general public in- 
terest, as determined by the Clerk of the Board, 
and a statement of where and when copies of 
proposed ordinances and resolutions may be ob- 
tained, shall be published commencing at least 
36 hours before the commencement time of each 
regular meeting and at least 18 hours before the 
commencement time of each special meeting. 

Except as otherwise provided in this Charter, 
or by ordinance, notice of the title or the purport 
and subject matter of each proposed ordinance 
which is introduced and referred to committee 
shall be published within five days after its 
presentation to the board and a copy of such 
proposed ordinance shall be kept available for 
inspection in the office of the Clerk of the Board. 
Each ordinance required to be included in the 
municipal code shall be printed promptly after 
final passage, and copies shall be made available 
to the public. 

All ordinances, after final passage or upon 
their becoming effective shall be certified by the 
Clerk of the Board and recorded in a book kept 
for that purpose, and resolutions adopted shall 
be certified and recorded in a like manner. Notice 
that an ordinance has been passed for second 
reading, that an ordinance has been finally passed, 



and that a resolution has been adopted, together 
with a statement of where copies may be ob- 
tained, shall be published once within five days 
of such passage for second reading, final pas- 
sage, or adoption. 

SEC. 2.109. RATES, FEES AND SIMILAR 
CHARGES. 

Within 30 days of submission by the Mayor, 
the Board of Supervisors shall approve by ordi- 
nance or reject any rate, fee or similar charge to 
be imposed by any department, official, board or 
commission, except those rates, fees and similar 
charges established by the Port or Airport Com- 
missions, or under the Refuse Collection and 
Disposal Ordinance of November 8, 1932, as 
amended. 

SEC. 2.111. [REPEALED] 

SEC. 2.112. FIDELITY BONDS. 

The Board of Supervisors shall determine 
which officials of the City and County shall be 
required to post fidelity bonds and the respective 
amounts of any such bonds. An annual review of 
bonding requirements shall be conducted by the 
Board of Supervisors. 

SEC. 2.113. LEGISLATIVE INITIATIVE. 

(a) The Board of Supervisors, or four or 
more members, may submit to the voters decla- 
rations of policy, and any matter which the 
Board of Supervisors is empowered to pass. 

Upon approval of a declaration of policy by 
the voters, the Board of Supervisors shall within 
90 days of such approval take such actions within 
their powers as shall be necessary to carry such 
declaration into effect. A special municipal elec- 
tion shall not be called with respect to a decla- 
ration of policy. 

(b) In order to submit a proposed initiative 
measure to the voters under this section or 
Section 3.100(15), four or more members of the 
Board of Supervisors or the Mayor shall submit 
the proposed initiative to the Board of Supervi- 
sors no later than 45 days prior to the deadline 
for the submission of such initiatives to the 
Department of Elections. The proponent or pro- 



Supp. No. 13, January 2008 



11 



Legislative Branch 



Sec. 2.116. 



ponents shall clearly identify the measure as a 
proposed initiative to be submitted at a specific 
election, and the proponent or proponents shall 
file a copy of the measure with the Department 
of Elections at the same time as the measure is 
submitted to the Board of Supervisors. 

The President of the Board of Supervisors 
shall assign the measure to a committee of the 
Board, and the committee shall conduct a public 
hearing on the measure at least 15 days prior to 
the deadline for the submission of such initia- 
tives to the Department of Elections. 

Failure by the Board of Supervisors to hold a 
hearing on the measure prior to the Department 
of Elections' deadline for submittal of legislative 
or mayoral initiatives shall not prevent the Di- 
rector of Elections from placing the initiative on 
the ballot. But the Director of Elections shall 
include a notice in the voter information pam- 
phlet that the measure was not the subject of the 
required public hearing. 

The proponent or proponents of an initiative 
measure may withdraw the proposed measure at 
any time prior to the Department of Elections' 
deadline for submission of such initiatives, sub- 
ject to any requirements of the Municipal Elec- 
tions Code or other City ordinance. If a measure 
is withdrawn, the Board of Supervisors is not 
required to conduct a hearing on the measure. 
(Amended by Proposition C, Approved 11/6/2007) 

SEC. 2.114. NON-INTERFERENCE IN 
ADMINISTRATION. 

Except for the purpose of inquiry, the Board 
of Supervisors shall deal with the administrative 
service for which the City Administrator is re- 
sponsible solely through such officer, and for 
administrative or other functions for which elec- 
tive officials or boards or commissions are respon- 
sible solely through the elective official, the board 
or commission or the chief executive officer of 
such board or commission concerned, or their 
designees. 

Neither the Board of Supervisors, its commit- 
tees, nor any of its members, shall have any 
power or authority, nor shall they dictate, sug- 
gest or interfere with respect to any appoint- 



ment, promotion, compensation, disciplinary ac- 
tion, contract or requisition for purchase or other 
administrative actions or recommendations of 
the City Administrator or of department heads 
under the City Administrator or under the re- 
spective boards and commissions. The Board of 
Supervisors shall deal with administrative mat- 
ters only in the manner provided by this Charter, 
and any dictation, suggestion or interference 
herein prohibited on the part of any Supervisor 
shall constitute official misconduct; provided, 
however, that nothing herein contained shall 
restrict the power of hearing and inquiry as 
provided in this Charter. 

Notwithstanding any other provisions of this 
section, it shall not constitute prohibited inter- 
ference for a member of the Board of Supervisors 
to testify regarding administrative matters other 
than specific contract and personnel decisions at 
a public meeting of a City board, commission, 
task force or other appointive body, or for the 
Board of Supervisors to adopt legislation regard- 
ing administrative matters other than specific 
contract and personnel decisions. 

Violation of this section shall constitute offi- 
cial misconduct. 

SEC. 2.115. FINANCIAL AUDIT. 

The Board of Supervisors shall select a firm 
or firms of independent accountants to audit and 
report upon the annual financial statements of 
the City and County. 

SEC. 2.116. PRESIDENT OF THE BOARD 
OF SUPERVISORS. 

At its regular meeting on the eighth day of 
January in odd-numbered years, the Board of 
Supervisors shall by majority vote elect one of its 
members as President for a two-year term. If a 
vacancy in the office of President of the Board of 
Supervisors shall occur prior to the end of the 
term, the Board of Supervisors shall by majority 
vote elect one of its members to fill the unexpired 
portion of the term. The President shall preside 
at all meetings, appoint all standing and special 
committees, assign legislation to committees. 



Supp. No. 13, January 2008 



Sec. 2.116. San Francisco - Charter 12 

and have such other powers and duties as may 
be assigned by the Board of Supervisors. (Amended 
November 1996) 

SEC. 2.117. OFFICES OF THE BOARD 
OF SUPERVISORS. 

Each member of the Board of Supervisors 
shall have two staff members pursuant to Sec- 
tion 10.104. The Board of Supervisors shall ap- 
point a Clerk of the Board. The Clerk of the 
Board shall have charge of the office and records 
of the Board and its committees and its classified 
staff. The Clerk shall keep a public record of the 
proceedings of the board as provided by Section 
2.108 of this Charter and shall keep properly 
indexed files of all ordinances and resolutions. 
The Clerk shall be responsible for the publica- 
tion, as required by law, of ordinances, resolu- 
tions and other matters acted on by the Board for 
which publication is specified. The Clerk shall 
have such other duties and responsibilities as 
the Board of Supervisors may prescribe. 

The Board of Supervisors shall appoint and 
may remove a Budget Analyst and such appoint- 
ment shall be made solely on the basis of quali- 
fications by education, training and experience 
for the position to be filled. The Budget Analyst 
shall be responsible for such duties as the Board 
of Supervisors shall prescribe. 



[The next page is 21] Supp. No. 13, January 2008 



ARTICLE III: EXECUTIVE BRANCH— OFFICE OF MAYOR 



Sec. 3.100. Powers and Responsibilities. 

Sec. 3.101. Term of Office. 

Sec. 3.102. Absence from State or 

Temporary Disability. 
Sec. 3.103. Veto Power. 
Sec. 3.104. City Administrator. 
Sec. 3.105. Controller; City Services 

Auditor. 

SEC. 3.100. POWERS AND 
RESPONSIBILITIES. 

The Mayor shall be the chief executive officer 
and the official representative of the City and 
County, and shall serve full time in that capacity. 
The Mayor shall devote his or her entire time 
and attention to the duties of the office, and shall 
not devote time or attention to any other occu- 
pation or business activity. The Mayor shall 
enforce all laws relating to the City and Comity, 
and accept service of process on its behalf. 

The Mayor shall have responsibility for: 

1. General administration and oversight of 
all departments and governmental units in the 
executive branch of the City and County; 

2. Coordination of all intergovernmental ac- 
tivities of the City and County; 

3. Receipt and examination of complaints 
relating to the administration of the affairs of 
the City and County, and timely delivery of 
notice to the complainant of findings and actions 
taken; 

4. Assurance that appointees to various gov- 
ernmental positions with the City and County 
are qualified and are as representative of the 
communities of interest and diverse population 
of the City and County as is reasonably practi- 
cable, and are representative of both sexes; 

5. Submission of ordinances and resolu- 
tions by the executive branch for consideration 
by the Board of Supervisors; 



6. Presentation before the Board of Super- 
visors of a policies and priorities statement set- 
ting forth the Mayor's policies and budget priori- 
ties for the City and County for the ensuing fiscal 
year; 

7. Introduction before the Board of Super- 
visors of the annual proposed budget or multi- 
year budget which shall be initiated and pre- 
pared by the Mayor. The Mayor shall seek 
comments and recommendations on the pro- 
posed budget from the various commissions, of- 
ficers and departments; and 

8. Preparation of and introduction to the 
Board of Supervisors of supplemental appropria- 
tions. 

The Mayor shall have the power to: 

9. Speak and be heard with respect to any 
matter at any meeting of the Board of Supervi- 
sors or any of its committees, £md shall have a 
seat but no vote on all boards and commissions 
appointed by the Mayor; 

10. As provided in Section 3.103 of this 
Charter, veto any ordinance or resolution passed 
by the Board of Supervisors; 

11. Subject to the fiscal provisions of this 
Charter and budgetary approval by the Board of 
Supervisors, appoint such staff as may be needed 
to perform the duties and carry out the respon- 
sibilities of the Mayor's office, provided that no 
member of the staff shall receive a salary in 
excess of seventy percent of that paid the Mayor. 
For purposes of this provision, staff does not 
include the City Administrator, department heads 
or employees of departments placed under his or 
her direction by Section 3.104. Notwithstanding 
any other provisions or limitations of this Char- 
ter to the contrary, the Mayor may not designate 
nor may the City and County employ on the 
Mayor's behalf any person to act as deputy to the 
Mayor or any similar emplojonent classification, 
regardless of title, whose responsibilities include 
but are not necessarily limited to supervision of 



21 



Supp. No. 13, January 2008 



Sec. 3.100. 



San Francisco - Charter 



22 



the administration of any department for which 
the City Administrator, an elected official other 
than the Mayor or an appointed board or com- 
mission is assigned responsibility elsewhere in 
this Charter; 

12. Designate a member of the Board of 
Supervisors to act as Mayor in the Mayor's 
absence from the state or during a period of 
temporary disability; 

13. In the case of an emergency threatening 
the lives, property or welfare of the City and 
County or its citizens, the Mayor may direct the 
personnel and resources of any department, com- 
mand the aid of other persons, and do whatever 
else the Mayor may deem necessary to meet the 
emergency; 

In meeting an emergency, the Mayor shall 
act only with the concurrence of the Board of 
Supervisors, or a majority of its members imme- 
diately available if the emergency causes any 
member of the Board to be absent. The Mayor 
shall seek the Board's concurrence as soon as is 
reasonably possible in both the declaration of an 
emergency and in the action taken to meet the 
emergency. Normal notice, posting and agenda 
requirements of the Board of Supervisors shall 
not be applicable to the Board's actions pursuant 
to these provisions; 

14. Make an appointment to fill any va- 
cancy in an elective office of the City and County 
until a successor shall have been elected; 

15. Subject to the provisions of Charter 
Section 2.113, submit to the voters a declaration 
of policy or ordinance on any matter on which the 
Board of Supervisors is empowered to pass; 

16. Have and exercise such other powers as 
are provided by this Charter or by law for the 
chief executive officer of a City and County; 

17. Unless otherwise specifically provided, 
make appointments to boards and commissions 
which shall be effective immediately and remain 
so, unless rejected by a two-thirds vote of the 
Board of Supervisors within 30 days following 
transmittal of Notice of Appointment. The Notice 
of Appointment shall include the appointee's 
qualifications to serve and a statement how the 



appointment represents the communities of in- 
terest, neighborhoods and diverse populations of 
the City and County; 

18. Appoint department heads subject to 
the provisions of this Charter; and 

19. Prepare and submit schedule of rates, 
fees and other similar charges to the Board of 
Supervisors. (Amended by Proposition C, Ap- 
proved 11/6/2007) 

SEC. 3.101. TERM OF OFFICE. 

The Mayor shall serve a four-year term. No 
person shall serve as mayor for more than two 
successive terms. A part of a term that exceeds 
two years shall count as a fall term. There shall 
be no limit on the non- successive terms that a 
person may serve. 

SEC. 3.102. ABSENCE FROM STATE OR 
TEMPORARY DISABILITY. 

If the Mayor is absent from the state or 
temporarily disabled without designating an Act- 
ing Mayor, the President of the Board of Super- 
visors shall act as Mayor until such time as the 
Mayor shall return to office. 

In case of a disaster in which neither the 
Mayor nor the President of the Board of Super- 
visors is able to serve as Mayor, the order of 
succession shall be as designated by ordinance. 
(Amended November 2001) 

SEC. 3.103. VETO POWER. 

Any ordinance or resolution passed by the 
Board of Supervisors shall be promptly delivered 
to the Mayor for consideration. If the Mayor 
approves the ordinance or resolution, the Mayor 
shall sign it and it shall become effective as 
provided in Section 2.105 of this Charter. If the 
Mayor disapproves the ordinance or resolution, 
the Mayor shall promptly return it to the Board 
of Supervisors without the Mayor's signature, 
accompanied by a statement indicating the rea- 
sons for disapproval and any recommendations 
which the Mayor may have. Any ordinance or 
resolution so disapproved by the Mayor shall 
become effective only if, subsequent to its return, 
it shall be passed by a vote of the Board of 



Supp. No. 13, January 2008 



23 



Executive Branch — Office of Mayor 



Sec. 3.105. 



Supervisors required by Section 2.106 of this 
Charter. Any ordinance or resolution shall be- 
come effective, with or without the Mayor's sig- 
nature, unless it is disapproved by the Mayor 
and returned to the Board of Supervisors not 
more than ten days after the date the ordinance 
or resolution was delivered to the Mayor's Office 
for consideration. 

SEC. 3.104. CITY ADMINISTRATOR. 

The Mayor shall appoint or reappoint a City 
Administrator, subject to confirmation by the 
Board of Supervisors. The appointee shall have 
at least ten years' governmental management or 
finance experience with at least five years at the 
City, County, or City and County level. The City 
Administrator shall have a term of office of five 
years, and may be removed by the Mayor subject 
to approval by the Board of Supervisors. 

The City Administrator shall have responsi- 
bility for: 

1. Administrative services within the execu- 
tive branch, as assigned by the Mayor or by 
ordinance; 

2. Administering policies and procedures 
regarding bonded or other long-term indebted- 
ness, procurement, contracts and building and 
occupancy permits, and for assuring that all 
contracts and permits are issued in a fair and 
impartial manner and that any inspections in- 
volved with the issuance of permits shall be 
carried out in a like manner; 

3. Coordinating all capital improvement and 
construction projects except projects solely under 
the Airport, Port, Public Utilities and Public 
Transportation Commissions; 

4. Preparing and recommending bond mea- 
sures for consideration by the Mayor and Board 
of Supervisors; and 

5. Administering, budgeting and control of 
publicity and advertising expenditures. 

The City Administrator shall have power to: 

6. With the concurrence of the Mayor, ap- 
point and remove the directors of the Depart- 
ments of Administrative Services, Solid Waste, 



Public Guardian/Administrator, and Pubhc Works, 
and such other department heads which are 
placed under his or her direction; 

7. Propose rules governing procurement and 
contracts to the Board of Supervisors for consid- 
eration; 

8. Award contracts without interference fi'om 
the Mayor or Board of Supervisors; and 

9. Coordinate the issuance of bonds and 
notes for capital improvements, equipment and 
cash flow borrowings, except for projects solely 
under the Airport, Port, Public Utilities and 
Public Transportation Commissions. 

In those instances where contract awards are 
not subject to Board of Supervisors' review, the 
City Administrator shall award contracts in full 
compliance with applicable laws and this Char- 
ter. The City Administrator's decision in such 
cases shall be final. 

SEC. 3.105. CONTROLLER; CITY 
SERVICES AUDITOR. 

The Mayor shall appoint or reappoint a Con- 
troller for a ten-year term, subject to confirma- 
tion by the Board of Supervisors. The Controller 
may only be removed by the Mayor for cause, 
with the concurrence of the Board of Supervisors 
by a two-thirds vote. 

The Controller shall be responsible for the 
timely accounting, disbursement or other dispo- 
sition of monies of the City and County in accor- 
dance with sound financial practices applicable 
to municipalities and counties. The Controller 
shall have the power and duties of a County 
auditor, except as otherwise provided in this 
Charter. The Controller shall have authority to 
audit the accounts and operations of all boards, 
commissions, officers and departments to evalu- 
ate their effectiveness and efficiency. The Con- 
troller shall have access to, and authority to, 
examine all documents, records, books and other 
property of any board, commission, officer or 
department. 

The Controller shall also serve as City Ser- 
vices Auditor for the City and County. As City 
Services Auditor, the Controller shall be respon- 



Supp. No. 13, January 2008 



Sec. 3.105. 



San Francisco - Charter 



24 



sible for monitoring the level and effectiveness of 
services rendered by the City to its residents, as 
set forth in Appendix F to this Charter. 

Should the Controller determine at any time 
during the fiscal year that the revenues of the 
General Fund, or any special, sequestered or 
other fund are insufficient or appear to be insuf- 
ficient to support the remaining anticipated ex- 
penditure from that fund for the fiscal year for 
any department, function or program, the Con- 
troller shall reduce or reserve all or a portion of 
the expenditure appropriation until such time as 
the Controller determines that the anticipated 
revenues for the remainder of that fiscal year are 
sufficient to support the level of expenditure 
anticipated for the remainder of the fiscal year. 
Whenever the Controller makes a reduction or 
reservation, the Controller shall so inform the 
Mayor and Board of Supervisors within 24 hours. 

The Controller shall exercise general super- 
vision over the accounts of all officers, commis- 
sions, boards and employees of the City and 
County charged in any manner with the receipt, 
collection or disbursement of City and County 
funds or other funds, in their capacity as City 
and County officials or employees. The Control- 
ler shall establish accounting records, proce- 
dures and internal controls with respect to all 
financial transactions of the City and County. 
Such records, procedures and controls shall per- 
mit the financial statements of the City and 
County to be prepared in conformity with gener- 
ally accepted accounting principles applicable to 
municipalities and counties. 

The Controller shall within 150 days of the 
end of each fiscal year prepare an annual report 
of the financial condition of the City and County. 
Such annual report shall be prepared in accor- 
dance with generally accepted accounting prin- 
ciples. The annual report shall contain such 
information and disclosures as shall be neces- 
sary to present to the public a full and under- 
standable report of all City and County financial 
activity. 

The Controller shall prepare an impartial 
financial analysis of each City and County ballot 
measure which shall include the amount of any 



increase or decrease in the cost of government of 
the City and County and its effect upon the cost 
of government. Such analysis shall be issued in 
sufficient time to permit inclusion in the voters' 
pamphlet. 

The Controller shall issue from time to time 
such periodic or special financial reports as may 
be requested by the Mayor or Board of Supervi- 
sors. 

All disbursements of funds in the custody of 
the Treasurer must be authorized by the Con- 
troller. No officer or employee shall bind the City 
and County to expend money unless there is a 
written contract or other instrument and unless 
the Controller shall certify that sufficient unen- 
cumbered balances are available in the proper 
fund to meet the pajnnents under such contract 
or other obHgation as these become due. (Amended 
November 2003) 



[The next page is 33] 



Supp. No. 13, January 2008 



ARTICLE IV: EXECUTIVE BRANCH— BOARDS, COMMISSIONS AND DEPARTMENTS 



Sec. 4.100. General. 

Sec. 4.101. Boards and Commissions — 

Composition. 
Sec. 4.101.5. Hold-Over Service by Board and 

Commission Members. 
Sec. 4.102. Boards and Commissions — 

Powers and Duties. 
Sec. 4.103. Boards and Commissions — 

Annual Report. 

Sec. 4.104. Boards and Commissions — 
Rules and Regulations. 

Sec. 4.105. Planning Commission. 

Sec. 4.106. Board of Appeals. 

Sec. 4.107. Human Rights Commission. 

Sec. 4.108. Fire Commission. 

Sec. 4.109. Police Commission. 

Sec. 4.110. Health Commission. 

Sec. 4.111. Human Services Commission. 

Sec. 4.112. Public Utilities Commission. 

Sec. 4.113. Recreation and Park 
Commission. 

Sec. 4.114. Port Commission. 
Sec. 4.115. Airport Commission. 
Sec. 4.116. Parking and Traffic 
Commission. 

Sec. 4.117. Entertainment Commission. 
Sec. 4.118. Commission on the 

Environment. 
Sec. 4.119. Commission on the Status of 

Women. 
Sec. 4.120. Commission on Aging. 
Sec. 4.121. Building Inspection 

Commission. 

Sec. 4.122. Youth Commission. 

Sec. 4.123. Youth Commission Membership; 

Appointment; Terms; Meetings; 

Compensation; Director. 
Sec. 4.124. Youth Commission — Purpose 

and Duties. 
Sec. 4.125. Jurisdiction. 



Sec. 4.126. Departments — General 

Provisions. 
Sec. 4.127. Police Department. 
Sec. 4.128. Fire Department. 
Sec. 4.129. Department of Administrative 

Services. 
Sec. 4.130. Department of Public Works. 
Sec. 4.131. County Clerk. 

Sec. 4.132. Executive Branch 

Reorganization. 
Sec. 4.133. Taxi Commission. 
Sec. 4.134. Small Business Commission. 

SEC. 4.100. GENERAL. 

In addition to the office of the Mayor, the 
executive branch of the City and County shall be 
composed of departments, appointive boards, com- 
missions and other units of government. To the 
extent law permits, each appointive board, com- 
mission, or other unit of government of the City 
and County established by state or federal law 
shall be subject to the provisions of this Article 
and this Charter. 

SEC. 4.101. BOARDS AND 
COMMISSIONS— COMPOSITION. 

Unless otherwise provided in this Charter, 
the composition of each appointive board, com- 
mission or advisory body of any kind established 
by this Charter or legislative act of the United 
States of America, the State of California or the 
Board of Supervisors shall: 

1. Be broadly representative of the commu- 
nities of interest, neighborhoods, and the diver- 
sity in ethnicity, race, age, and sexual orienta- 
tion of the City and County and have 
representation of both sexes; and 

2. Consist of electors of the City and County 
at all times during the term of their respective 
offices, unless otherwise specifically provided in 
this Charter; or in the case of boards, commis- 
sions or advisory bodies established by legisla- 



33 



Supp. No. 13, January 2008 



Sec. 4.101. 



San Francisco - Charter 



34 



tive act the position is (a) designated by ordi- 
nance for a person under legal voting age, or (b) 
unless specifically exempt from the provisions, 
or waived by the appointing officer or entity 
upon a finding that an elector with specific 
experience, skills or qualifications willing to serve 
could not be located within the City and County. 

Vacancies on appointive boards, commissions 
or other units of government shall be filled for 
the balance of the unexpired term in the manner 
prescribed by this Charter or ordinance for ini- 
tial appointments. 

Terms of office shall continue as they existed 
on the effective date of this Charter. 

SEC. 4.101.5. HOLD-OVER SERVICE BY 
BOARD AND COMMISSION MEMBERS. 

(a) Application of this Section. Unless 
otherwise provided in this Charter or required 
by law, the requirements of this Section shall 
apply to the members of each appointive board, 
commission, or other unit of government of the 
executive branch of the City and County or 
otherwise created in the Charter ("Charter Com- 
mission"). Citizen advisory committees created 
in the Charter shall not be considered Charter 
Commissions for purposes of this Section. The 
provisions of this Section shall not apply to 
boards or commissions created in Article V (Ex- 
ecutive Branch — ^Arts and Culture) or Article XII 
(Employee Retirement and Health Service Sys- 
tems) of this Charter. 

(b) Limitations on Hold-Over-Service. 

Except as otherwise provided in this Charter, the 
tenure of a member of any Charter Commission 
shall terminate no later than 60 days after the 
expiration of the member's term, unless the 
member is re-appointed. A member may not 
serve as a hold-over member of a Charter Com- 
mission for more than 60 days after the expira- 
tion of his or her term. The tenure of any person 
sitting as a hold-over member on the effective 
date of this amendment shall terminate no later 
than 60 days after the effective date of this 
amendment. (Added by Proposition B, Approved 
11/6/2007) 



SEC. 4.102. BOARDS AND 
COMMISSIONS— POWERS AND DUTIES. 

Unless otherwise provided in this Charter, 
each appointive board, commission or other unit 
of government of the executive branch of the City 
and County shall: 

1. Formulate, evaluate and approve goals, 
objectives, plans and programs and set policies 
consistent with the overall objectives of the City 
and County, as established by the Mayor and the 
Board of Supervisors through the adoption of 
City legislation; 

2. Develop and keep current an Annual 
Statement of Purpose outlining its areas of juris- 
diction, authorities, purpose and goals, subject to 
review and approval by the Mayor and the Board 
of Supervisors; 

3. After public hearing, approve applicable 
departmental budgets or any budget modifica- 
tions or fiind transfers requiring the approval of 
the Board of Supervisors, subject to the Mayor's 
final authority to initiate, prepare and submit 
the annual proposed budget on behalf of the 
executive branch and the Board of Supervisors' 
authority under Section 9.103; 

4. Recommend to the Mayor for submission 
to the Board of Supervisors rates, fees and simi- 
lar charges with respect to appropriate items 
coming within their respective jurisdictions; 

5. Unless otherwise specifically provided, 
submit to the Mayor at least three qualified 
applicants, and if rejected, to make additional 
nominations in the same manner, for the posi- 
tion of department head, subject to appointment 
by the Mayor; 

6. Remove a department head; the Mayor 
may recommend removal of a department head 
to the commission, and it shall be the commission's 
duty to act on the Mayor's recommendation by 
removing or retaining the department head within 
30 days; failure to act on the Mayor's recommen- 
dation shall constitute official misconduct; 

7. Conduct investigations into any aspect of 
governmental operations within its jurisdiction 
through the power of inquiry, and make recom- 
mendations to the Mayor or the Board of Super- 
visors; 



Supp. No. 13, January 2008 



35 



Executive Branch — ^Boards, Commissions and Departments 



Sec. 4.104. 



8. Exercise such other powers and duties as 
shall be prescribed by the Board of Supervisors; 
and 

9. Appoint an executive secretary to man- 
age the affairs and operations of the board or 
commission. 

In furtherance of the discharge of its respon- 
sibilities, an appointive board, commission or 
other unit of government may: 

10. Hold hearings and take testimony; and 

11. Retain temporary counsel for specific 
purposes, subject to the consent of the Mayor 
and the City Attorney. 

Each board or commission, relative to the 
affairs of its own department, shall deal with 
administrative matters solely through the de- 
partment head or his or her designees, and any 
dictation, suggestion or interference herein pro- 
hibited on the part of any member of a board or 
commission shall constitute official misconduct; 
provided, however, that nothing herein con- 
tained shall restrict the board or commission's 
powers of hearing and inquiry as provided in this 
Charter. 

SEC. 4.103. BOARDS AND 
COMMISSIONS— ANNUAL REPORT. 

As of the operative date of this Charter and 
until this requirement is changed by the Board of 
Supervisors, each board and commission of the 
City and County shall be required by ordinance 
to prepare an annual report describing its active- 
ties, and shall file such report with the Mayor 
and the Clerk of the Board of Supervisors. The 
Annual Report can be included in the Annual 
Statement of Purpose as provided for in Section 
4.102(2). 

SEC. 4.104. BOARDS AND 
COMMISSIONS— RULES AND 
REGULATIONS. 

(a) Unless otherwise provided in this Char- 
ter, each appointive board, commission or other 
unit of government of the executive branch of the 
City and County shall: 

1. Adopt rules and regulations consistent 
with this Charter and ordinances of the City and 
County. No rule or regulation shall be adopted, 



amended or repealed, without a public hearing. 
At least ten days' public notice shall be given for 
such public hearing. All such rules and regula- 
tions shall be filed with the Clerk of the Board of 
Supervisors. 

2. Hold meetings open to the public and 
encourage the participation of interested per- 
sons. Except for the actions taken at closed 
sessions, any action taken at other than a public 
meeting shall be void. Closed sessions may be 
held in accordance with applicable state statutes 
and ordinances of the Board of Supervisors. 

3. Keep a record of the proceedings of each 
regular or special meeting. Such record shall 
indicate how each member voted on each ques- 
tion. These records, except as may be limited by 
state law or ordinance, shall be available for 
public inspection. 

(b) The presence of a majority of the mem- 
bers of an appointive board, commission or other 
unit of government shall constitute a quorum for 
the transaction of business by such body. The 
term "presence" shall include participation by 
teleconferencing or other electronic means as 
authorized by Government Code Section 54953(b) 
or any successor legislation after the Board of 
Supervisors has adopted an ordinance pursuant 
to subsection (c) allowing such participation when 
the member is physically unable to attend in 
person, as certified by a health care provider, due 
to the member's pregnancy, childbirth, or related 
condition. The Board of Supervisors may also, as 
part of a parental leave policy adopted pursuant 
to subsection (c), authorize a member of a board 
or commission to participate in meetings by 
teleconferencing or other electronic means when 
the member is absent to care for his or her child 
after birth of the child, or after placement of the 
child with the member or the member's immedi- 
ate family for adoption or foster care. Unless 
otherwise required by this Charter, the affirma- 
tive vote of a majority of the members shall be 
required for the approval of any matter, except 
that the rules and regulations of the body may 
provide that, with respect to matters of proce- 
dure the body may act by the affirmative vote of 
a majority of the members present, so long as the 



Supp. No. 13, January 2008 



Sec. 4.104. 



San Francisco - Charter 



36 



members present constitute a quorum. All ap- 
pointive boards, commissions or other units of 
government shall act by a majority, two-thirds, 
three-fourths or other vote of all members. Each 
member present at a regular or special meeting 
shall vote "yes" or "no" when a question is put, 
unless excused from voting by a motion adopted 
by a majority of the members present. 

(c) Notwithstanding the provisions of Char- 
ter Section 10.101, the Board of Supervisors 
shall provide by ordinance for parental leave 
policies for members of appointive boards, com- 
missions or other units of government, including, 
but not limited to, authorization to participate in 
meetings by teleconferencing or other electronic 
means pursuant to subsection (b) and subject to 
the restrictions listed in that subsection. (Amended 
by Proposition B, Approved 11/7/2006) 

SEC. 4.105. PLANNING COMMISSION. 

GENERAL. The Planning Commission shall 
consist of seven members nominated and ap- 
pointed pursuant to this section. Four of the 
members shall be nominated by the Mayor, and 
three of the members shall be nominated by the 
President of the Board of Supervisors. Charter 
Section 4.101 shall apply to these appointments, 
with particular emphasis on the geographic di- 
versity of City neighborhoods. Vacancies shall be 
filled by the appointing officer. 

Each nomination of the Mayor and the Presi- 
dent of the Board of Supervisors is subject to 
approval by the Board of Supervisors, and shall 
be the subject of a public hearing and vote within 
60 days. If the Board fails to act on the nomina- 
tion within 60 days of the date the nomination is 
transmitted to the Clerk of the Board of Super- 
visors, the nominee shall be deemed approved. 
The appointment shall become effective on the 
date the Board adopts a motion approving the 
nomination or after 60 days of the date the 
nomination is transmitted to the Clerk of the 
Board of Supervisors. 

Members may be removed by the appointing 
officer only pursuant to Section 15.105. 

In order to stagger the terms, three members 
shall initially serve two-year terms, and four 



members shall initially service four-year terms. 
The initial two and four-year terms of office shall 
be instituted as follows: 

1. The respective terms of office of members 
of the Planning Commission who hold office on 
the first day of July, 2002, shall expire at 12 
o'clock noon on that date, and the four members 
appointed by the Mayor and the three members 
appointed by the President of the Board of Su- 
pervisors shall succeed to said offices at that 
time. 

2. The Clerk of the Board of Supervisors 
shall determine by lot which two of the four 
Mayoral appointees shall serve an initial two- 
year term, and which one of the three appointees 
of the President of the Board of Supervisors shall 
serve an initial two-year term. The remaining 
appointees shall serve four-year terms. All sub- 
sequent terms shall be four years. 

The Commission shall provide the Mayor 
with at least three qualified candidates for Di- 
rector of Planning, selected on the basis of ad- 
ministrative and technical qualifications, with 
special regard for experience, training and knowl- 
edge in the field of City planning. 

The Commission may contract with consult- 
ants for such services as it may require subject to 
the fiscal provisions of this Charter. 

GENERAL PLAN. The Commission shall pe- 
riodically recommend to the Board of Supervi- 
sors for approval or rejection proposed amend- 
ments to the General Plan. If the Board of 
Supervisors fails to act within 90 days of receipt, 
the proposed General Plan or amendments shall 
be deemed approved. The General Plan which 
will initially consist of the Master Plan in effect 
immediately prior to the effective date of this 
Charter shall consist of goals, policies and pro- 
grams for the future physical development of the 
City and County that take into consideration 
social, economic and environmental factors. In 
developing their recommendations, the Commis- 
sion shall consult with commissions and elected 
officials, and shall hold public hearings as part of 
a comprehensive planning process. The Planning 
Department, in consultation with other depart- 
ments and the City Administrator, shall periodi- 



Supp. No. 13, January 2008 



36.1 



Executive Branch — ^Boards, Commissions and Departments 



Sec. 4.105. 



cally prepare special area, neighborhood and 
other plans designed to carry out the General 
Plan, and periodically prepare implementation 
programs and schedules which link the General 
Plan to the allocation of local, state and federal 
resources. The Planning Department may make 
such other reports and recommendations to the 
Mayor, Board of Supervisors and other offices 
and governmental units as it may deem neces- 
sary to secure understanding and a systematic 
effectuation of the General Plan. 

In preparing any plans, the Planning Depart- 
ment may include plans for systems and areas 
within the Bay Region which have a planning 
relationship with the City and Comity. 

REFERRAL OF CERTAIN MATTERS. The 
following matters shall, prior to passage by the 
Board of Supervisors, be submitted for written 
report by the Planning Department regarding 
conformity with the General Plan: 

1. Proposed ordinances and resolutions con- 
cerning the acquisition or vacation of property 
by, or a change in the use or title of property 
owned by, the City and County; 

2. Subdivisions of land within the City and 
County; 

3. Projects for the construction or improve- 
ment of public buildings or structures within the 
City and County; 

4. Project plans for public housing, or pub- 
licly assisted private housing in the City and 
County; 

5. Redevelopment project plans within the 
City and County; and 

6. Such other matters as may be prescribed 
by ordinance. 

The Commission shall disapprove any pro- 
posed action referred to it upon a finding that 
such action does not conform to the General 
Plan. Such a finding may be reversed by a vote of 
two-thirds of the Board of Supervisors. 

All such reports and recommendations shall 
be issued in a manner and within a time period 
to be determined by ordinance. 

PERMITS AND LICENSES. All permits and 
licenses dependent on, or affected by, the City 



Planning Code administered by the Planning 
Department shall be approved by the Commis- 
sion prior to issuance. The Commission may 
delegate this approval function to the Planning 
Department. 

ENFORCEMENT. The Planning Department 
shall administer and enforce the City Planning 
Code. 

ZONING AMENDMENTS. The Commission 
may propose for consideration by the Board of 
Supervisors ordinances regulating or controlling 



Supp. No. 13, January 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 13, January 2008 



37 



Executive Branch — Boards, Commissions and Departments 



Sec. 4.105. 



the height, area, bulk, set-back, location, use or 
related aspects of any building, structure or 
land. An ordinance proposed by the Board of 
Supervisors concerning zoning shall be reviewed 
by the Commission. Applications for the reclas- 
sification of property may be made by interested 
parties and must be reviewed by the Commis- 
sion. 

Notwithstanding the Commission's disap- 
proval of a proposal from the Board of Supervi- 
sors or the application of interested parties, the 
Board of Supervisors may adopt the proposed 
ordinance; however, in the case of any proposal 
made by the application of interested parties, 
any such adoption shall be by a vote of not less 
than two-thirds of the Board of Supervisors. 

No application of interested parties propos- 
ing the same or substantially the same ordi- 
nance as that disapproved by the Commission or 
by the Board of Supervisors shall be resubmitted 
to or reconsidered by the Commission within a 
period of one year from the effective date of final 
action upon the earlier application. 

ZONING ADMINISTRATOR. The director of 
planning shall appoint a Zoning Administrator 
from a list of qualified applicants provided pur- 
suant to the Civil Service provisions of the Char- 
ter. The Zoning Administrator shall be respon- 
sible for the determination of all zoning variances. 
The administrator shall have the power to grant 
only those variances that are consistent with the 
general purpose and the intent of the zoning 
ordinance, and in accordance with the general 
and specific rules of the zoning ordinance, sub- 
ject to such conditions and safeguards as the 
Zoning Administrator may impose. The power to 
grant variances shall be applied only when the 
plain and literal interpretation and enforcement 
of the zoning ordinance would result in practical 
difficulties, unnecessary hardships or where the 
results would be inconsistent with the general 
purpose of the zoning ordinance. Decisions of the 
Zoning Administrator regarding zoning vari- 
ances may be appealed to the Board of Appeals. 



Before any such variance may be granted, 
there shall appear, and the Zoning Administra- 
tor shall specify in his or her findings, the facts 
in each case which shall establish: 

(a) That there are exceptional or extraordi- 
nary circumstances or conditions appljdng to the 
property involved or to the intended use of the 
property that do not apply generally to the 
property or class of uses in the same district or 
zone; 

(b) That owing to such exceptional or ex- 
traordinary circumstances the literal enforce- 
ment of the zoning ordinance would result in 
practical difficulty or unnecessary hardship not 
created by or attributable to the applicant or the 
owner of the property; 

(c) That such variance is necessary for the 
preservation and enjo5nnent of a substantial prop- 
erty right of the applicant, possessed by other 
property in the same zone and vicinity; 

(d) That the granting of the variance will 
not be materially detrimental to the public wel- 
fare or injurious to the property or improve- 
ments in such zone or district in which the 
property is located; and 

(e) That the granting of such variance will 
be in harmony with the general purpose and 
intent of the zoning ordinance and will not 
adversely affect the general plan. 

The determination of the Zoning Administra- 
tor shall be final except that appeals therefrom 
may be taken, as hereinafter provided, to the 
Board of Appeals, exclusively and notwithstand- 
ing any other provisions of this Charter, by any 
person aggrieved or by any office, agency, or 
department of the City and County. An appeal 
from a determination of the Zoning Administra- 
tor shall be filed with the Board of Appeals 
within ten days from the date of such determi- 
nation. Upon making a ruling or determination 
upon any matter under his or her jurisdiction, 
the Zoning Administrator shall thereupon fur- 
nish a copy thereof to the applicant and to the 
Director of Planning. No variance granted by the 
Zoning Administrator shall become effective un- 



Sec. 4.105. 



San Francisco - Charter 



38 



til ten days thereafter. An appeal shall stay all 
proceedings in furtherance of the action ap- 
pealed from. 

CONDITIONAL USE. The Commission shall 
have the power to hear and decide conditional 
use applications. An appeal may be taken to the 
Board of Supervisors from a decision of the 
Commission to grant or deny a conditional use 
application. The Board of Supervisors may dis- 
approve the decision of the Commission by a vote 
of not less than two-thirds of the members of the 
Board. (Amended March 2002) 

SEC. 4.106. BOARD OF APPEALS. 

(a) The Board of Appeals shall consist of 
five members nominated and appointed pursu- 
ant to this section. Three of the members shall be 
nominated by the Mayor, and two of the mem- 
bers shall be appointed by the President of the 
Board of Supervisors. Charter Section 4.101 shall 
apply to these appointments. Vacancies shall be 
filled by the appointing officer. 

Each nomination of the Mayor and the Presi- 
dent of the Board of Supervisors is subject to 
approval by the Board of Supervisors, and shall 
be the subject of a public hearing and vote within 
60 days. If the Board fails to act on the nomina- 
tion within 60 days of the date the nomination is 
transmitted to the Clerk of the Board of Super- 
visors, the nominee shall be deemed approved. 
The appointment shall become effective on the 
date the Board adopts a motion approving the 
nomination or after 60 days of the date the 
nomination is transmitted to the Clerk of the 
Board of Supervisors. 

Members may be removed by the appointing 
officer only pursuant to Section 15.105. 

In order to stagger the terms, three members 
shall initially serve two-year terms, and two 
members shall initially service four-year terms. 
The initial two and four-year terms of office shall 
be instituted as follows: 

1. The respective terms of office of members 
of the Board of Appeals who hold office on the 
first day of July, 2002, shall expire at 12 o'clock 
noon on that date, and the three members ap- 
pointed by the Mayor and the two members 



appointed by the President of the Board of Su- 
pervisors shall succeed to said offices at that 
time. 

2. The clerk of the Board of Supervisors 
shall determine by lot which two of the three 
Mayoral appointees shall serve an initial two- 
year term, and which one of the two appointees 
of the President of the Board of Supervisors shall 
serve an initial two-year term. The remaining 
appointees shall serve four-year terms. All sub- 
sequent terms shall be four years. 

The Board shall appoint and may remove an 
executive secretary, who shall serve as depart- 
ment head. 

(b) The Board shall hear and determine 
appeals with respect to any person who has been 
denied a permit or license, or whose permit or 
license has been suspended, revoked or with- 
drawn, or who believes that his or her interest or 
the public interest will be adversely affected by 
the grant, denial, suspension or revocation of a 
license or permit, except for a permit or license 
under the jurisdiction of the Recreation and 
Park Commission or Department, or the Port 
Commission, or a building or demolition permit 
for a project that has received a permit or license 
pursuant to a conditional use authorization. 

(c) The Board of Appeals shall hear and 
determine appeals: 

1. Where it is alleged there is error or abuse 
of discretion in any order, requirement, decision 
or determination made by the Zoning Adminis- 
trator in the enforcement of the provisions of any 
ordinance adopted by the Board of Supervisors 
creating zoning districts or regulating the use of 
property in the City and County; or 

2. From the rulings, decisions and determi- 
nations of the Zoning Administrator granting or 
denying applications for variances from any rule, 
regulation, restriction or requirement of the zon- 
ing or set-back ordinances, or any section thereof. 
Upon the hearing of such appeals, the Board 
may affirm, change, or modify the ruling, deci- 
sion or determination appealed from, or, in lieu 
thereof, make such other additional determina- 
tions as it shall deem proper in the premises. 



39 



Executive Branch — Boards, Commissions and Departments 



Sec. 4.109. 



subject to the same limitations as are placed 
upon the Zoning Administrator by this Charter 
or by ordinance. 

(d) After a hearing and any necessary in- 
vestigation, the Board may concur in the action 
of the department involved, or by the affirmative 
vote of four members (or if a vacancy exists, by a 
vote of three members) overrule the action of the 
Department. 

Where the Board exercises its authority to 
modify or overrule the action of a department, 
the Board shall state in summary its reasons in 
writing. (Amended March 2002) 

SEC. 4.107. HUMAN RIGHTS 
COMMISSION. 

The Human Rights Commission shall consist 
of eleven members appointed by the Mayor, 
pursuant to Section 3.100, for four-year terms. 
Members may be removed by the Mayor. 

The Commission shall: 

1. Investigate complaints of unlawful dis- 
crimination against any person; 

2. Ensure the civil rights of all persons; 

3. Ensure that the affirmative action plans 
of each department of the City and County are 
current and are being properly implemented; 
and report on the implementation of such affir- 
mative action plans to the Mayor and Board of 
Supervisors; 

4. Promote understanding among the resi- 
dents of the City and County and work coopera- 
tively with governmental agencies, community 
group and others to eliminate discrimination 
and the results of past discrimination by furnish- 
ing information, guidance and technical assis- 
tance; 

5. Study, investigate, mediate and make 
recommendations with respect to the solving of 
community- wide problems resulting in inter- 
group tensions and discrimination; 

6. Implement the provisions of ordinances 
prohibiting discrimination in all contracts and 
subsequent subcontracts, franchises, leases, con- 
cessions or other agreements for or on behalf of 
the City and County; and 



7. Issue such rules and regulations for the 
conduct of its business, and prepare such ordi- 
nances with respect to human rights for consid- 
eration by the Board of Supervisors as are nec- 
essary to carry out the purposes of this section. 

In performing its duties, the Commission 
may hold hearings, issue subpoenas to require 
witnesses to appear and require the production 
of evidence, administer oaths, take testimony 
and issue appropriate orders and petitions for 
court orders in such manner as may be pre- 
scribed by law. 

SEC. 4.108. FIRE COMMISSION. 

The Fire Commission shall consist of five 
members appointed by the Mayor, pursuant to 
Section 3.100, for four-year terms. Members may 
be removed by the Mayor. In addition to any 
other powers set forth in this Charter, the Fire 
Commission is empowered to prescribe and en- 
force any reasonable rules and regulations that 
it deems necessary to provide for the efficiency of 
the Department, provided that the civil service 
and ethics provisions of this Charter shall con- 
trol in the event of any conflict with rules adopted 
under this section. (Amended November 2003) 

SEC. 4.109. POLICE COMMISSION. 

The Police Commission shall consist of seven 
members appointed pursuant to this section. The 
Mayor shall nominate four members to the com- 
mission, at least one of whom shall be a retired 
judge or an attorney with trial experience. The 
Rules Committee of the Board of Supervisors, or 
any successor committee thereto, shall nominate 
three other members to the commission. Each 
nomination shall be subject to confirmation by 
the Board of Supervisors, and the Mayor's nomi- 
nations shall be the subject of a public hearing 
and vote within 60 days. If the Board of Super- 
visors rejects the Mayor's nomination to fill the 
seat designated for a retired judge or attorney 
with trial experience, the Mayor shall nominate 
a different person with such qualifications. If the 
Board of Supervisors fails to act on a mayoral 
nomination within 60 days of the date the nomi- 
nation is transmitted to the Clerk of the Board of 
Supervisors, the nominee shall be deemed con- 



Sec. 4.109. 



San Francisco - Charter 



40 



firmed. Appointments to fill a vacancy on the 
commission shall become operative on the date 
the Board of Supervisors adopts a motion con- 
firming the nomination, or on the 61st day fol- 
lowing the date a mayoral nomination is trans- 
mitted to the Clerk of the Board of Supervisors if 
the Board of Supervisors fails to vote on the 
nomination prior to such date. Confirmations of 
nominations to fill a vacancy that will be created 
upon the expiration of a sitting member's term 
shall become operative upon the expiration of 
the sitting member's term, or, if the Board of 
Supervisors fails to act on a mayoral nomination 
to fill such anticipated vacancy, on the 61st day 
following the date the nomination was transmit- 
ted to the Clerk of the Board of Supervisors or on 
the expiration of the sitting member's term, 
whichever occurs later. The terms and tenures of 
all members sitting on the commission as of the 
effective date of the amendments to this section 
approved at the November 2003 election shall 
terminate at 12 noon on April 30, 2004. To 
stagger the terms of the seven members thereaf- 
ter, of the first four members nominated by the 
Mayor, two members shall serve terms of two 
years and two members shall serve terms of four 
years, and of the three members nominated by 
the Rules Committee, one member shall serve a 
term of one year, one member shall serve a term 
of two years, and one member shall serve a term 
of three years. The Clerk of the Board of Super- 
visors shall designate such initial terms by lot. 
All subsequent appointments to the commission 
shall be for four-year terms. 

The tenure of each member shall terminate 
upon the expiration of the member's term. The 
Mayor shall transmit a nomination or renomina- 
tion to the Clerk of the Board of Supervisors no 
later than 60 days prior to the expiration of the 
term of a member nominated by the Mayor. For 
vacancies occurring for reasons other than the 
expiration of a member's term, within 60 days 
following the creation of such vacancy, the Mayor 
shall nominate a member to fill such vacancy if 
the vacancy is for a seat filled by nomination of 
the Mayor. 

The District Attorney, Sheriff and Public De- 
fender may recommend persons to the Mayor 
and Board of Supervisors for nomination or ap- 
pointment to the Police Commission. 



The Mayor, with the consent of the Board of 
Supervisors, may remove a member the Mayor 
has nominated. The Board of Supervisors may 
remove a member the Rules Committee has 
nominated. 

Notwithstanding any other provision of the 
Charter, the Chief of Police may be removed by 
the Commission or the Mayor, acting jointly or . 
separately of each other. In addition to any other 
powers set forth in this Charter, the Police Com- 
mission is empowered to prescribe and enforce 
any reasonable rules and regulations that it 
deems necessary to provide for the efficiency of 
the Department, provided that the civil service 
and ethics provisions of this Charter shall con- 
trol in the event of any conflict with rules adopted 
under this section. (Amended November 2003) 

SEC. 4.110. HEALTH COMMISSION. 

The Health Commission shall consist of seven 
members appointed by the Mayor, pursuant to 
Section 3.100, for four-year terms. The Commis- 
sion shall have less than a majority of direct care 
providers. Members may be removed by the 
Mayor only pursuant to Section 15.105. The 
Commission shall control the property under its 
jurisdiction. 

The Commission and the Department shall 
manage and control the City and County hospi- 
tals, emergency medical services, and in general 
provide for the preservation, promotion and pro- 
tection of the physical and mental health of the 
inhabitants of the City and County, except where 
the Charter grants such authority to another 
officer or department. The Commission and the 
Department may also determine the nature and 
character of public nuisances and provide for 
their abatement. 

SEC. 4.111. HUMAN SERVICES 
COMMISSION. 

The Human Services Commission shall con- 
sist of five members appointed by the Mayor, 
pursuant to Section 3.100, for four-year terms. 
Members may be removed by the Mayor only 
pursuant to Section 15.105. 



41 



Executive Branch — Boards, Commissions and Departments 



Sec. 4.114. 



SEC. 4.112. PUBLIC UTILITIES 
COMMISSION. 

The Public Utilities Commission shall consist 
of five members appointed by the Mayor, pursu- 
ant to Section 3.100, for four-year terms. Mem- 
bers may be removed by the Mayor only pursu- 
ant to Section 15.105. 

The Commission shall have charge of the 
construction, management, supervision, mainte- 
nance, extension, operation, use and control of 
all water and energy supplies and utilities of the 
City as well as the real, personal and financial 
assets, which are under the Commission's juris- 
diction on the operative date of this Charter, or 
assigned pursuant to Section 4.132. 

SEC. 4.113. RECREATION AND PARK 
COMMISSION. 

The Recreation and Park Commission shall 
consist of seven members appointed by the Mayor, 
pursuant to Section 3.100, for four-year terms. 
Members may be removed by the Mayor only 
pursuant to Section 15.105. 

Pursuant to the policies and directives set by 
the Commission and under the direction and 
supervision of the General Manager, the Recre- 
ation and Park Department shall manage and 
direct all parks, playgrounds, recreation centers 
and all other recreation facilities, avenues and 
groiuids under the Commission's control or placed 
under its jiu*isdiction thereafter, unless other- 
wise specifically provided in this Charter. 

The Department shall promote and foster a 
program providing for organized public recre- 
ation of the highest standard. 

The Department shall issue permits for the 
use of all property under the Commission's con- 
trol, pursuant to the policies established by the 
Commission. 

As directed by the Commission, the Depart- 
ment shall administer the Park, Recreation and 
Open Space Fund pursuant to Section 16.107 of 
this Charter. 

The Department shall have the power to 
construct new parks, playgrounds, recreation 
centers, recreation facilities, squares and groiuids, 



and to erect and maintain buildings and struc- 
tures on parks, playgrounds, square, avenues 
and grounds, except as follows: 

1. No building or structure, except for nurs- 
eries, equipment storage facilities and comfort 
stations, shall be erected, enlarged or expanded 
in Golden Gate Park or Union Square Park 
unless such action has been approved by a vote of 
two-thirds of the Board of Supervisors; 

2. No park land may be sold or leased for 
non-recreational purposes, nor shall any struc- 
ture on park property be built, maintained or 
used for non-recreational purposes, unless ap- 
proved by a vote of the electors. However, with 
permission of the Commission and approval by 
the Board of Supervisors, subsurface space un- 
der any public park, square or playground may 
be used for the operation of a public automobile 
parking station under the authority of the De- 
partment of Parking and Traffic, provided that 
the Commission determines that such a use 
would not be, in any material respect or degree, 
detrimental to the original purpose for which a 
park, square or playground was dedicated or in 
contravention of the conditions of any grant 
under which a park, square or playground might 
have been received. The revenues derived from 
any such use, less the expenses incurred by the 
Department of Parking and Traffic in operating 
these facilities, shall be credited to Recreation 
and Park Department funds. 

3. The Commission shall have the power to 
lease or rent any stadium or recreation field 
under its jurisdiction for athletic contests, exhi- 
bitions and other special events and may permit 
the lessee to charge an admission fee. (Amended 
March 2000) 

SEC. 4.114. PORT COMMISSION. 

The Port Commission shall consist of five 
members who shall be appointed by the Mayor, 
subject to confirmation by a majority of the 
Board of Supervisors. Each of the members shall 
serve for a term of four years. They shall be 
subject to recall, suspension and removal in the 
same manner as an elected official. 



Sec. 4.114. 



San Francisco - Charter 



42 



The Commission shall have the composition 
and organization, and the powers, duties and 
responsibilities with respect to the Port that are 
set forth in the Burton Act, Statutes of 1968, 
Chapter 1333, as amended, and in the Agree- 
ment Relating to the Transfer of the Port of San 
Francisco from the State of California to the City 
and County, executed on the 24th day of January 
1969. 

The Commission shall be subject to the pro- 
visions of Sections 4.101 through 4.103 of this 
Charter, so far as those powers and duties are 
not inconsistent with the Burton Act and the 
Transfer Agreement as they are referred to in the 
above paragraph. 

SEC. 4.115. AIRPORT COMMISSION. 

The Airport Commission shall consist of five 
members appointed by the Mayor, pursuant to 
Section 3.100, for four-year terms. Members may 
be removed by the Mayor only pursuant to Sec- 
tion 15.105. 

The Commission shall provide the Mayor 
with at least three qualified candidates for Di- 
rector of Airports, related on the basis of execu- 
tive, administrative and technical qualifications. 

The Commission shall have charge of the 
construction, management, supervision, mainte- 
nance, extension, operation, use and control of 
all property, as well as the real, personal and 
financial assets which are imder the Commission's 
jurisdiction. 

Subject to the approval, amendment or rejec- 
tion of the Board of Supervisors of each issue, the 
Commission shall have exclusive authority to 
plan and issue revenue bonds for airport-related 
purposes. 

SEC. 4.116. PARKING AND TRAFFIC 
COMMISSION. 

The Parking and Traffic Commission shall 
consist of five members appointed by the Mayor, 
pursuant to Section 3.100, for four-year terms. 
Members may be removed by the Mayor. 

If not in conflict with state law, members of 
the Commission, or its successor, shall serve ex 
officio as members of the Parking Authority. Any 



person may serve concurrently as a member of 
the Parking Authority and the Parking and 
Traffic Commission. The Commission shall con- 
trol all property under its jurisdiction. 
Editor's Note: 

Proposition E, adopted November 2, 1999, enacted 
Charter Sec. 8A.112, and repealed this Charter Section 
4.116, to become effective July 1, 2002. 

SEC. 4.117. ENTERTAINMENT 
COMMISSION. 

The San Francisco Entertainment Commis- 
sion shall consist of seven members nominated 
and appointed pursuant to this section. The 
Mayor shall nominate four members to the com- 
mission, and the Board of Supervisors shall 
appoint, by motion, three other members to the 
commission. Each nomination of the Mayor shall 
be subject to approval by the Board of Supervi- 
sors, and shall be the subject of a public hearing 
and vote within 60 days. If the Board of Super- 
vises fails to act on a mayoral nomination within 
60 days of the date the nomination is transmit- 
ted to the Clerk of the Board of Supervisors, the 
nominee shall be deemed approved. Appoint- 
ments to the commission shall become effective 
on the date the Board of Supervisors adopts a 
motion approving the nomination or on the 61st 
day following the date the mayoral nomination 
was transmitted to the Clerk of the Board of 
Supervisors if the Board of Supervisors fails to 
act upon the nomination prior to such date. 

Of the four members nominated by the Mayor, 
the Mayor shall nominate one member to repre- 
sent the interests of City neighborhood associa- 
tions or groups, one member to represent the 
interests of entertainment associations or groups, 
one member to represent the interests of the 
urban planning community, and one member to 
represent the interests of the law enforcement 
community. Of the three members of the commis- 
sion appointed by the Board of Supervisors, one 
member shall represent the interests of City 
neighborhood associations or groups, one mem- 
ber shall represent the interests of entertain- 
ment associations or groups, and one member 
shall represent the interests of the public health 
community. 



43 



Executive Branch — Boards, Commissions and Departments 



Sec. 4.120. 



To stagger the terms of the members, the 
initial appointments to the commission shall be 
as follows: the Mayor shall nominate two mem- 
bers to serve terms of four years, one member to 
serve a term of three years, and one member to 
serve a term of two years. Of the three remaining 
members of the commission, the Board of Super- 
visors shall appoint one member to serve a term 
of four years, one member to serve a term of 
three years, and one member to serve a term of 
two years. Except for appointments to fill a 
vacancy, all subsequent appointments shall be 
for a term of four years. 

Members of the commission nominated by 
the Mayor may be suspended by the Mayor and 
removed by the Board of Supervisors only as set 
forth in Section 15.105. Members of the commis- 
sion appointed directly by the Board of Supervi- 
sors may be suspended by a motion of the Board 
of Supervisors approved by six votes and may be 
removed by the Board of Supervisors only as set 
forth in Section 15.105. (Added November 2002) 

SEC. 4.118. COMMISSION ON THE 
ENVIRONMENT. 

The Commission on the Environment shall 
consist of seven members appointed by the Mayor, 
pursuant to Section 3.100, for four-year terms. 
Members may be removed by the Mayor. 

The Department of the Environment shall 
regularly produce an assessment of San 
Francisco's environmental condition. It shall also 
produce and regularly update plans for the long- 
term environmental sustainability of San Fran- 
cisco. 

Pursuant to the policies and directives set by 
the Commission, and under the supervision and 
direction of the department head, the Depart- 
ment shall manage the environmental programs, 
duties and functions assigned to it pursuant to 
Section 4.132 or by ordinance. 

The Commission shall have the authority to 
review and make recommendations on any policy 
proposed for adoption by any City agency regard- 
ing conformity with the long-term plans for en- 
vironmental sustainability, except for those re- 
garding building and land use. 



The Commission may investigate and make 
recommendations to all City agencies related to 
operations and functions, such as: 

1. Solid waste management; 

2. Recycling; 

3. Energy conservation; 

4. Natural resource conservation; 

5. Environmental inspections; 

6. Toxics; 

7. Urban forestry and natural resources; 

8. Habitat restoration; and 

9. Hazardous materials. 

The Commission shall conduct public educa- 
tion and outreach to the community on environ- 
mental issues, including, but not limited to each 
of the categories listed above. 

SEC. 4.119. COMMISSION ON THE 
STATUS OF WOMEN. 

The Commission on the Status of Women 
shall consist of seven members. Commission 
members shall be appointed by the Mayor, pur- 
suant to Section 3.100, for four-year terms. Mem- 
bers may be removed by the Mayor only pursu- 
ant to Section 15.105. The Commission shall 
develop and recommend policies and practices 
for the City and County to reduce the particular 
impacts on women and girls of problems such as 
domestic violence, sexual harassment, employ- 
ment and health care inequity, and homeless- 
ness, as well as advocate on behalf of women and 
girls in such areas. The Commission may be 
assigned additional duties and functions by or- 
dinance or pursuant to Section 4.132. 

SEC. 4.120. COMMISSION ON AGING. 

The Commission on the Aging shall consist of 
seven members appointed by the Mayor, pursu- 
ant to Section 3.100, for four-year terms. Mem- 
bers may be removed by the Mayor. The duties 
and functions of the Commission shall be as- 
signed pursuant to Section 4.132. 



Sec. 4.121. 



San Francisco ■ Charter 



44 



SEC. 4.121. BUILDING INSPECTION 
COMMISSION. 

The Building Inspection Commission shall 
consist of seven members. Four members shall 
be appointed by the Mayor for a term of two 
years. Three members shall be appointed by the 
President of the Board of Supervisors for a term 
of two years. Members may be removed by the 
appointing officer only pursuant to Section 15.105. 
Vacancies occurring in the offices of appointive 
members, either during or at the expiration of a 
term, shall be filled by the appointing officer. 

The four Mayoral appointments shall consist 
of a structural engineer, a licensed architect, a 
residential builder, and a representative of a 
community-based non-profit housing develop- 
ment corporation. The three Supervisorial ap- 
pointments shall consist of a residential tenant, 
a residential landlord, and a member of the 
general public. 

Notwithstanding any other provision of the 
Charter, the Commission shall have the power to 
appoint and remove a department head. 

SEC. 4.122. YOUTH COMMISSION. 

There is hereby established a commission to 
be known as the Youth Commission (hereinafter 
called "Commission") to advise the Board of 
Supervisors and Mayor on issues relating to 
children and youth. The Commission shall oper- 
ate under the jurisdiction of the Board of Super- 
visors. 

SEC. 4.123. YOUTH COMMISSION 
MEMBERSHIP; APPOINTMENT^ TERMS; 
MEETINGS; COMPENSATION; 
DIRECTOR. 

(a) Commission Membership. The Commis- 
sion shall consist of seventeen (17) voting mem- 
bers, each of whom shall be between the ages of 
12 and 23 years at the time of appointment. Each 
member of the Board of Supervisors and the 
Mayor shall appoint one member to the Commis- 
sion. The Mayor shall also appoint five (5) mem- 
bers from underrepresented communities to en- 
sure that the Commission represents the diversity 
of the City. All appointments shall be completed 



by the sixtieth day after the effective date of this 
charter amendment and by that date of each 
year thereafter. Commission members shall serve 
at the pleasure of their appointing authorities. 

The Commission shall consist of individuals 
who have an understanding of the needs of 
young people in San Francisco, or experience 
with children and youth programs or youth or- 
ganizations, or involvement with school or com- 
munity activities. The members shall represent 
the diversity of ethnicity, race, gender and sexual 
orientation of the people of the City and County, 
and shall be residents of the City and County. 

(b) Term of Office. Members shall serve a 
term of one year. The first one year term for all 
members shall begin upon the date the Clerk of 
the Board of Supervisors certifies that all mem- 
bers of the Commission have been appointed 
following the adoption of this charter amend- 
ment. Future terms of office shall begin on that 
date of each successive year. Members shall 
conduct the first meeting of the Commission 
within thirty days of the appointment of all 
members. 

In the event a vacancy occurs during the 
term of office of any voting member, a successor 
shall be appointed to complete the unexpired 
term of the office vacated in a manner similar to 
that which the member was initially appointed. 

(c) Removal of Members . Any member whom 
the Commission certifies to have missed three 
regularly scheduled meetings of the Commission 
in any six month period without prior authoriza- 
tion of the Commission shall be deemed to have 
resigned from the Commission effective on the 
date of the written certification fi'om the Com- 
mission. 

(d) Compensation. Members of the Commis- 
sion shall not be compensated, nor shall they be 
reimbursed for expenses. 

(e) Meetings. The Commission shall meet at 
least once a month. 

(f) Minutes of Meetings. The Commission 
shall prepare and maintain permanent minutes 
of the actions taken during its meetings, and 
shall file copies with the Clerk of the Board of 
Supervisors. 



45 



Executive Branch — Boards, Commissions and Departments 



Sec. 4.126. 



(g) Bylaws. To aid in the orderly conduct of 
business, the Commission shall have the author- 
ity to create, amend, and repeal its own code of 
bylaws. 

SEC. 4.124. YOUTH COMMISSION- 
PURPOSE AND DUTIES. 

The purpose of the Commission is to collect 
all information relevant to advising the Board of 
Supervisors and Mayor on the effects of legisla- 
tive policies, needs, assessments, priorities, pro- 
grams, and budgets concerning the children and 
youth of San Francisco. Before the Board of 
Supervisors takes final action on any matter 
that primarily affects children and youth of the 
City and County, the Clerk of the Board of 
Supervisors shall refer the matter to the Com- 
mission for comment and recommendation. The 
Commission shall provide any response it deems 
appropriate within 12 days of the date the Board 
of Supervisors referred the matter to the Com- 
mission. After the 12 day period has elapsed, the 
Board of Supervisors may act on the matter 
whether or not the Board has received a re- 
sponse. This referral requirement shall not ap- 
ply to any matter where immediate action by the 
Board of Supervisors is necessary to protect the 
public interest. The Commission shall have the 
following duties and functions: 

(a) Identify the concerns and needs of the 
children and youth of San Francisco; examine 
existing social, economic, educational, and recre- 
ational programs for children and youth; develop 
and propose plans that support or improve such 
programs; and make recommendations thereon 
to the Mayor and Board of Supervisors. 

(b) Identify the unmet needs of San 
Francisco's children and youth through personal 
contact with these young people, school officials, 
church leaders, and others; and hold public fo- 
rums in which both youth and adults are encour- 
aged to participate. 

(c) Elicit the interest, support, and mutual 
cooperation of private groups (such as fraternal 
orders, service clubs, associations, churches, busi- 
nesses, and youth organizations) and City-wide 
neighborhood planning collaborative efforts for 



children, youth and families that initiate and 
sponsor recommendations that address the so- 
cial, economic, educational, and recreational needs 
of children and youth in San Francisco. Advise 
the Board of Supervisors and Mayor about how 
such recommendations could be coordinated in 
the community to eliminate duplication in cost 
and effort. 

(d) Advise about available sources of gov- 
ernmental and private funding for youth pro- 
grams. 

(e) Submit recommendations to the Mayor 
and Board of Supervisors about juvenile crime 
prevention, job opportunities for youth, recre- 
ational activities for teenagers, opportunities for 
effective participation by youth in the govern- 
mental process, and changes in City and County 
regulations that are necessary to improve the 
social, economic, educational, and recreational 
advantages of children and youth. 

(f) Respond to requests for comment and 
recommendation on matters referred to the Com- 
mission by officers, departments, agencies, boards, 
commissions and advisory committees of the 
City and County. 

(g) Report to the Board of Supervisors the 
activities, goals, and accomplishments of the 
Commission by July 1 of each calendar year, 
effective July 1, 1997. 

SEC. 4.125. JURISDICTION. 

The Commission shall be under the jurisdic- 
tion of the Board of Supervisors; the Commission 
shall have only those powers created by Sections 
4.122 through 4.125 or by ordinance of the Board 
of Supervisors. 

SEC. 4.126. DEPARTMENTS— GENERAL 
PROVISIONS. 

Except as otherwise provided by this Char- 
ter, the responsibilities of each department within 
the executive branch shall be prescribed by ordi- 
nance. 

The administration and management of each 
department within the executive branch shall be 
the responsibility of the department head. Such 
officials may: 

1. Appoint qualified individuals to fill all 
positions within their departments which are 
exempt from the Civil Service provisions of this 
Charter; 



Sec. 4.126. 



San Francisco - Charter 



46 



2. Adopt rules and regulations governing 
matters within the jurisdiction of their respec- 
tive departments, subject, if applicable, to Sec- 
tion 4.102; and 

3. With the approval of the City Adminis- 
trator, reorganize their respective departments. 

No person serving on a board or commission 
created by state law to discharge a state function 
specifically within the City and County may be 
employed as a paid staff member to a board or 
commission created by this Charter. 

SEC. 4.127. POLICE DEPARTMENT. 

The Police Department shall preserve the 
public peace, prevent and detect crime, and pro- 
tect the rights of persons and property by enforc- 
ing the laws of the United States, the State of 
California and the City and County. 

The Chief of Police may appoint and remove 
at pleasure special police officers. 

The Chief of Police shall have all powers 
which are now or that may be conferred upon a 
sheriff by state law with respect to the suppres- 
sion of any riot, public tumult, disturbance of the 
public peace or organized resistance against the 
laws or public authority. 

DISTRICT POLICE STATIONS. The Pohce 
Department shall maintain and operate district 
police stations. The Police Commission, subject 
to the approval by the Board of Supervisors, may 
establish additional district stations, abandon or 
relocate any district station, or consolidate any 
two or more district stations. 

OFFICE OF CITIZEN COMPLAINTS. The 

Mayor shall appoint a nominee of the Police 
Commission as the director of the Office of Citi- 
zen Complaints, subject to confirmation by the 
Board of Supervisors. The director shall serve at 
the pleasure of the Police Commission. If the 
Board fails to act on the appointment within 30 
days, the appointment shall be deemed ap- 
proved. In the event the office is vacant, until the 
mayor makes an appointment and that appoint- 
ment is confirmed by the Board, the Police Com- 
mission shall appoint an interim director who 
shall serve at the pleasure of the Police Commis- 
sion. The appointment shall be exempt from the 



civil service requirements of this Charter. The 
director shall never have been a uniformed mem- 
ber or employee of the department. The director 
of the Office of Citizen Complaints shall be the 
appointing officer under- the civil service provi- 
sions of this Charter for the appointment, re- 
moval or discipline of employees of the Office of 
Citizen Complaints. 

The Police Commission shall have the power 
and duty to organize, reorganize and manage the 
Office of Citizen Complaints. Subject to the civil 
service provisions of this Charter, the Office of 
Citizen Complaints shall include investigators 
and hearing officers. As of July 1, 1996, the staff 
of the Office of Citizen Complaints shall consist 
of no fewer than one line investigator for every 
150 sworn members. Whenever the ratio of in- 
vestigators to police officers specified by this 
section is not met for more than 30 consecutive 
days, the director shall have the power to hire, 
and the City Controller must pay, temporary 
investigators to meet such staffing require- 
ments. No full-time or part-time employee of the 
Office of Citizen Complaints shall have previ- 
ously served as a uniformed member of the 
department. Subject to rule of the Police Com- 
mission, the director of the Office of Citizen 
Complaints may appoint part-time hearing offi- 
cers who shall be exempt from the civil service 
requirements of this Charter. Compensation of 
the hearing officers shall be at rates recom- 
mended by the Commission and established by 
the Board of Supervisors or by contract approved 
by the Board of Supervisors. 

Complaints of police misconduct or allega- 
tions that a member of the Police Department 
has not properly performed a duty shall be 
promptly, fairly and impartially investigated by 
staff of the Office of Citizen Complaints. The 
Office of Citizen Complaints shall investigate all 
complaints of police misconduct, or that a mem- 
ber of the Police Department has not properly 
performed a duty, except those complaints which 
on their face clearly indicate that the acts com- 
plained of were proper and those complaints 
lodged by other members of the Police Depart- 
ment. The Office of Citizen Complaints shall use 
its best efforts to conclude investigations of such 



47 



Executive Branch — ^Boards, Commissions and Departments 



Sec. 4.127. 



complaints and, if sustained, transmit the sus- 
tained complaint to the Police Department within 
nine (9) months of receipt thereof by the Office of 
Citizen Complaints. If the Office of Citizen Com- 
plaints is unable to conclude its investigation 
within such nine-month period, the director of 
the Office of Citizen Complaints, within such 
nine-month period, shall inform the Chief of 
Police of the reasons therefor and transmit infor- 
mation and evidence from the investigation as 
shall facilitate the Chiefs timely consideration of 
the matter. The Office of Citizen Complaints 
shall recommend disciplinary action to the Chief 
of Police on those complaints that are sustained. 
The director of the Office of Citizen Complaints, 
after meeting and conferring with the Chief of 
Police or his or her designee, may verify and file 
charges with the Police Commission against mem- 
bers of the Police Department arising out of 
sustained complaints; provided, that the director 
may not verify and file such charges for a period 
of 60 days following the transmittal of the sus- 
tained complaint to the Police Department un- 
less the director issues a written determination 
that the limitations period within which the 
member or members may be disciplined under 
Government Code Section 3304, as amended 
from time to time or any successor provisions 
thereto, may expire within such 60-day period 
and either (i) the Chief of Police fails or refuses to 
file charges with the Police Commission arising 
out of the sustained complaint, (ii) the Chief of 
Police or his or her designee fails or refuses to 
meet and confer with the director on the matter, 
or (iii) other exigent circumstances necessitate 
that the director verify and file charges to pre- 
serve the ability of the Police Commission to 
impose punishment pursuant to Section A8.343. 
The director of the Office of Citizen Complaints 
shall schedule hearings before hearing officers 
when such is requested by the complainant or a 
member of the department and, in accordance 
with rules of the Commission, such a hearing 
will facilitate the fact-finding process. The Board 
of Supervisors may provide by ordinance that 
the Office of Citizen Complaints shall in the 
same manner investigate and make recommen- 



dations to the Chief of Police regarding com- 
plaints of misconduct by patrol special police 
officers and their uniformed employees. 

Nothing herein shall prohibit the Chief of 
Police or a commanding officer from investigat- 
ing the conduct of a member of the department 
under his or her command, or taking disciplinary 
or corrective action, otherwise permitted by this 
Charter, when such is warranted; and nothing 
herein shall limit or otherwise restrict the disci- 
plinary powers vested in the Chief of Police and 
the Police Commission by other provisions of this 
Charter. 

The Office of Citizen Complaints shall pre- 
pare in accordance with rules of the Commission 
monthly summaries of the complaints received 
and shall prepare recommendations quarterly 
concerning policies or practices of the depart- 
ment which could be changed or amended to 
avoid unnecessary tension with the public or a 
definable segment of the public while insuring 
effective police services. The Office of Citizen 
Complaints shall prepare a report for the Presi- 
dent of the Board of Supervisors each quarter. 
This report shall include, but not be limited to, 
the number and type of complaints filed, the 
outcome of the complaints, and a review of the 
disciplinary action taken. The President of the 
Board of Supervisors shall refer this report to the 
appropriate committee of the Board of Supervi- 
sors charged with public safety responsibilities. 
Said comniittee may issue recommendations as 
needed. 

In carrjdng out its objectives the Office of 
Citizen Complaints shall receive prompt and full 
cooperation and assistance from all depart- 
ments, officers and employees of the City and 
County which shall promptly produce all records 
requested by the Office of Citizen Complaints 
except for records the disclosure of which to the 
Office of Citizen Complaints is prohibited by law. 
The director may also request and the Chief of 
Police shall require the testimony or attendance 
of any member of the Police Department to carry 
out the responsibilities of the Office of Citizen 
Complaints. 



Sec. 4.127. 



San Francisco - Charter 



48 



BUDGET. Monetary awards and settlements 
disbursed by the City and County as a result of 
police action or inaction shall be taken exclu- 
sively from a specific appropriation listed as a 
separate line item in the Police Department 
budget for that purpose. 

POLICE STAFFING. The pohce force of the 
City and County shall at all times consist of not 
fewer than 1,971 full duty sworn officers. The 
staffing level of the Police Department shall be 
maintained with a minimum of 1,971 full duty 
sworn officers thereafter. That figure may be 
adjusted pursuant to Section 16.123. 

All officers and employees of the City and 
County are directed to take all acts necessary to 
implement the provisions of this section. The 
Board of Supervisors is empowered to adopt 
ordinances necessary to effectuate the purpose of 
this section including but not limited to ordi- 
nances regulating the scheduling of police train- 
ing cases. 

Further, the Commission shall initiate an 
annual review to civilianize as many positions as 
possible to maximize police presence in the com- 
munities and submit that report to the Board of 
Supervisors annually for review and approval. 

The number of full duty sworn officers in the 
Police Department dedicated to neighborhood 
policing and patrol for fiscal year 1993-1994 
shall not be reduced in future years, and all new 
full duty sworn officers authorized for the Police 
Department shall also be dedicated to neighbor- 
hood community policing, patrol and investiga- 
tions. 

PATROL SPECIAL POLICE OFFICERS. The 
Commission may appoint patrol special police 
officers and for cause may suspend or dismiss 
patrol special police officers after a hearing on 
charges duly filed with the Commission and 
after a fair and impartial trial. Patrol special 
police officers shall be regulated by the Police 
Commission, which may establish requirements 
for and procedures to govern the position, includ- 
ing the power of the Chief of Police to suspend a 
patrol special police officer pending a hearing on 
charges. Each patrol special police officer shall 
be at the time of appointment not less than 21 



years of age and must possess such physical 
qualifications as may be required by the Com- 
mission. 

Patrol special police officers may be desig- 
nated by the Commission as the owners of a 
certain beat or territory which may be estab- 
lished or rescinded by the Commission. Patrol 
special police officers designated as the owners of 
a certain beat or territory or the legal heirs or 
representatives of the owners may dispose of 
their interest in the beat or territory to a person 
of good moral character, approved by the Police 
Commission and eligible for appointment as a 
patrol special police officer. 

Commission designation of beats or territo- 
ries shall not affect the ability of private security 
companies to provide on-site security services on 
the inside or at the entrance of any property 
located in the City and County. (Amended No- 
vember 2003; March 2004) 

SEC. 4.128. FIRE DEPARTMENT. 

The Fire Department shall perform duties 
and enforce all applicable laws pertaining to the 
protection from, and the prevention, suppres- 
sion, control and investigation of fires. 

The Fire Chief shall cause the Fire Depart- 
ment to inspect all occupied or vacated struc- 
tures to determine compliance with applicable 
laws relative to fire prevention, protection and 
control and also the protection of persons and 
property from fire. 

The Fire Chief may during a conflagration 
cause to be removed any structure for the pur- 
pose of checking the progress of the conflagra- 
tion. 

SEC. 4.129. DEPARTMENT OF 
ADMINISTRATIVE SERVICES. 

The director of the Department of Adminis- 
trative Services shall purchase all supplies, equip- 
ment and contractual services required by the 
several departments and offices of the City and 
County, except as otherwise provided in the 
Administrative Code. Except in cases of emer- 
gency, the director shall not enter into any con- 
tract or issue any purchase order unless the 



49 



Executive Branch — ^Boards, Commissions and Departments 



Sec. 4.133. 



Controller shall certify thereon that sufficient 
unencumbered balances are available in the proper 
fund to meet the payments under such purchase 
order or contract as these become due. The 
director shall have charge of the central ware- 
houses, central storerooms, central garage and 
shop. 

The director shall by rules and regulations 
approved by the Controller, designate and autho- 
rize appropriate personnel within the Depart- 
ment of Administrative Services to exercise the 
director's signature powers for purchase orders 
and contract. 

The director shall have authority to exchange 
used materials, supplies and equipment to the 
advantage of the City and County, advertise for 
bids, and to sell and otherwise dispose of per- 
sonal property belonging to the City and County. 
The director shall have authority to require the 
transfer of surplus property in any department 
to stores or to other departments. 

The director shall manage all public build- 
ings, facilities and real estate of the City and 
County, unless otherwise provided for in this 
Charter. 

Additional duties and functions of the Depart- 
ment of Administrative Services shall be as- 
signed the City Administrator, by ordinance or 
pursuant to Section 4.132. 

SEC. 4.130. DEPARTMENT OF PUBLIC 
WORKS. 

The duties and functions of the Department 
of Public Works shall be assigned by the City 
Administrator, by ordinance or pursuant to Sec- 
tion 4.132. 

SEC. 4.131. COUNTY CLERK. 

The County Clerk shall perform all duties of 
the County Clerk-Recorder until such office is 
merged into the Office of the Assessor-Recorder 
pursuant to Section 6.101. 

SEC. 4.132. EXECUTIVE BRANCH 
REORGANIZATION. 

The Mayor, by issuing a notice to the Board of 
Supervisors, may reorganize duties and func- 



tions between departments and other units of 
government within the executive branch. Such 
reorganization shall become effective 30 days 
after its issuance unless disapproved by the 
Board of Supervisors during that time. 

A proposed reorganization shall provide for 
the transfer of: 

1. Civil service employees who are engaged 
in the performance of a function or duty trans- 
ferred to another office, agency or department; 
such transfer shall not adversely affect status, 
position, compensation or pension or retirement 
rights and privileges; 

2. Any unexpended balances of appropria- 
tions and other funds available for use in con- 
nection with any office, agency, department or 
function affected by the reorganization; any un- 
expended balance so transferred shall be used 
only for the purpose for which the appropriation 
was originally made, except as this Charter 
otherwise permits. 

SEC. 4.133. TAXI COMMISSION. 

(a) The Taxi Commission shall consist of 
seven members, appointed by the Mayor. The 
appointments shall include a member from the 
senior or disabled communities, a driver who 
does not hold a taxicab medallion, a manager in 
a taxicab company (either a medallion holder or 
a company representative), a member from the 
hospitality industry, a member from the labor 
community, a member from the neighborhoods, 
and a member of the general public not affiliated 
with any of the other enumerated categories. 

Pursuant to Government Code Section 87103, 
individuals appointed to the Commission rnider 
this Section are intended to represent and fur- 
ther the interest of the particular industries, 
trades, or professions specified herein. Accord- 
ingly, it is found that for purposes of persons who 
hold such office, the specified industries, trades, 
or professions are tantamount to and constitute 
the public generally within the meaning of Gov- 
ernment Code Section 87103. 

The commissioners appointed to take office 
upon the effective date of this Charter section 
shall by lot classify their terms so that the terms 



Sec. 4.133. 



San Francisco - Charter 



50 



of three of the commissioners shall expire at 
noon on the first anniversary of such date, and 
the terms of the remaining four commissioners 
shall expire at noon on the second anniversary of 
the effective date. On the expiration of these and 
successive terms of office, the appointments shall 
be made for two-year terms. 

Members may be removed by the Mayor only 
pursuant to Section 15.105. Vacancies occurring 
in the offices of members, either during or at the 
expiration of a term, shall be filled by the Mayor. 

(b) Effective March 1, 1999, the Commis- 
sion shall succeed to all powers and responsibili- 
ties relating to taxicabs and other motor vehicles 
for hire, other than criminal enforcement, now 
vested in the Police Commission, the Police De- 
partment or the Chief of Police. The Taxi Com- 
mission may be assigned additional duties and 
functions by ordinance or pursuant to Section 
4.132. 

(c) All costs associated with the operations 
of the Taxi Commission, and such officers and 
employees as are necessary for the Commission 
to operate and administer the department and 
are authorized pursuant to the budgetary and 
fiscal provisions of the Charter, shall be recov- 
ered from permit, license and other fees charged 
to permit-holders, applicants, and other persons 
by the Commission. The Board of Supervisors 
shall set fees sufficient to offset the costs of the 
Commission's operations and any such officers 
and employees. Notwithstanding the above, the 
Board of Supervisors may continue to offer re- 
duced fees to operators who participate in the 
City's Paratransit Program, and offset the reduc- 
tion in revenues with a contribution from the 
General Fund. (Added November 1998) 



ing three members. The Mayor shall designate 
two of his or her initial appointments to serve for 
two-year terms; the Board of Supervisors shall 
designate one of its initial appointments to serve 
a two-year term. Thereafter, all commissioners 
shall serve for four-year terms. 

(b) At least five of the individuals appointed 
to the Commission shall be owners, operators, or 
officers of San Francisco small businesses. One 
of the individuals appointed to the Commission 
may be either a current or former owner, opera- 
tor, or officer of a San Francisco small business. 
One member of the Commission may be an 
officer or representative of a neighborhood eco- 
nomic development organization or an expert in 
small business finance. 

Piu'suant to Government Code Section 87103, 
individuals appointed to the Commission under 
this Section are intended to represent and fur- 
ther the interest of the particular industries, 
trades, or professions specified herein. Accord- 
ingly, it is found that for purposes of persons who 
hold such office, the specified industries, trades, 
or professions are tantamount to and constitute 
the public generally within the meaning of Gov- 
ernment Code Section 87103. 

(c) The Mayor and the Board of Supervisors 
shall select Commission members who reflect 
the diversity of neighborhood and small business 
interests in the City. (Added November 2003) 



SEC. 4.134. SMALL BUSINESS 
COMMISSION. 

(a) There shall be a Small Business Com- 
mission to oversee the San Francisco Office of 
Small Business. The Commission shall consist of 
seven members, who shall serve at the pleasure 
of the appointing authority. The Mayor shall 
appoint four members of the Commission; the 
Board of Supervisors shall appoint the remain- 



[The next page is 73] 



ARTICLE V: EXECUTIVE BRANCH— ARTS AND CULTURE 



Sec. 5.100. General. 

Sec. 5.101. Charitable Trust Departments. 

Sec. 5.102. City Museums. 

Sec. 5.103. Arts Commission. 

Sec. 5.104. Asian Art Museum of San 

Francisco. 
Sec. 5.105. The Fine Arts Museums of San 

Francisco. 
Sec. 5.106. War Memorial and Performing 

Arts Center. 

SEC. 5.100. GENERAL. 

The arts and culture departments of the City 
and County shall be the Arts Commission, the 
Asian Art Museum of San Francisco, the Fine 
Arts Museums of San Francisco and the War 
Memorial and Performing Arts Center. These 
departments shall be a part of the executive 
branch of City and County government. 

The terms of office of all trustees and com- 
missioners shall continue as they existed on the 
effective date of this Charter. All vacancies shall 
be filled within 90 days. 

The governing boards of the arts and culture 
departments may accept and shall comply with 
the terms and conditions of loans, gifts, devises, 
bequests or agreements donating works of art or 
other assets to their department without action 
of the Board of Supervisors so long as acceptance 
of the same entails no expense for the City and ^ 
County beyond ordinary care and maintenance. 

SEC. 5.101. CHARITABLE TRUST 
DEPARTMENTS. 

For the purposes of this Article, the Asian Art 
Museum of San Francisco, The Fine Arts Muse- 
ums of San Francisco and the War Memorial and 
Performing Arts Center are referred to as the 
"charitable trust departments." 

Nothing in this Article shall be construed to 
limit or change the powers and responsibilities of 
the governing boards of the charitable trust 



departments insofar as they involve administra- 
tion of the charitable trusts, gifts and contracts 
for which they are responsible. 

The charitable trust departments shall have 
exclusive charge of the trusts and all other assets 
under their jurisdiction, which may be acquired 
by loan, purchase, gift, devise, bequest or other- 
wise, including any land or buildings set aside 
for their use. They shall have authority to main- 
tain, operate, manage, repair or reconstruct ex- 
isting buildings and construct new buildings, 
and to make and enter into contracts relating 
thereto, subject, insofar as City funds are to be 
used, to the budgetary and fiscal provisions of 
this Charter. 

SEC. 5.102. CITY MUSEUMS. 

When the term "museums" is used in this 
Article, imless otherwise specified, it refers to 
both the Asian Art Museum of San Francisco and 
The Fine Arts Museums of San Francisco. 

Trustees and commissioners of the museimtis 
are exempt from the requirement of Section 
4.101(2) of this Charter, except that at least a 
majority of The Fine Arts Museum Board of 
Trustees shall be residents of the City and County. 
Members shall serve for three-year terms, and 
may be removed by the Mayor only pursuant to 
Section 15.105. Members shall serve without 
compensation. 

The governing boards of the museums shall 
adopt by-laws providing for the conduct of their 
affairs, including the appointment of an execu- 
tive committee which shall have authority to act 
in such matters as are specified by the governing 
board. 

The governing boards of the museums shall 
appoint and may remove a director and such 
other executive and administrative positions as 
may be necessary. Appointees to such positions 
need not be residents of the City and County. 
Notwithstanding any other provision of this Char- 
ter, the governing boards may accept and utilize 



73 



Sec. 5.102. 



San Francisco - Charter 



74 



contributions to supplement or pay for the sala- 
ries and benefits of these appointees in order to 
establish competitive compensation, provided that 
only compensation established pursuant to the 
salary provisions of this Charter shall be consid- 
ered for Retirement System purposes. 

The governing boards of the museums may 
insure any loaned exhibit and agree to indemni- 
fication and binding arbitration provisions nec- 
essary to insuring exhibitions without action of 
the Board of Supervisors so long as such agree- 
ment entails no expense to the City and County 
beyond ordinary insurance expense. The Recre- 
ation and Park Department shall maintain and 
care for the grounds of the Museums. 

SEC. 5.103. ARTS COMMISSION. 

The Arts Commission shall consist of fifteen 
members appointed by the Mayor, pursuant to 
Section 3.100, for four-year terms. Eleven mem- 
bers shall be practicing arts professionals includ- 
ing two architects, a landscape architect, and 
representatives of the performing, visual, liter- 
ary and media arts; and four members shall be 
lay members. The President of the Planning 
Commission, or a member of the Commission 
designated by the President, shall serve ex offi- 
cio. Members may be removed by the Mayor. 

The Commission shall appoint and may re- 
move a director of the department. The Commis- 
sion shall encourage artistic awareness, partici- 
pation and expression; education in the arts; 
assist independent local groups with the devel- 
opment of their own programs; promote the 
employment of artists and those skilled in crafts, 
in the public and private sectors; provide liaison 
with state and federal agencies to ensure in- 
creased funding for the arts from these agencies 
as well as represent arts issues and policy in the 
respective governmental bodies; promote the con- 
tinued availability of living and working space 
for artists within the City and County; and enlist 
the aid of all City and County governmental 
units in the task of ensuring the fullest expres- 
sion of artistic potential by and among the resi- 
dents of San Francisco. 



In furtherance of the foregoing the Arts Com- 
mission shall: 

1. Approve the designs for all public struc- 
tures, any private structure which extends over 
or upon any public property and any yards, 
courts, set-backs or usable open spaces which are 
an integral part of any such structures; 

2. Approve the design and location of all 
works of art before they are acquired, trans- 
ferred or sold by the City and County, or are 
placed upon or removed from City and County 
property, or are altered in any way; maintain 
and keep an inventory of works of art owned by 
the City and County; and maintain the works of 
art owned by the City and County; 

3. Promote a neighborhood arts program to 
encourage and support an active interest in the 
arts on a local and neighborhood level, assure 
that the City and County-owned community cul- 
tural centers remain open, accessible and vital 
contributors to the cultural life of the City and 
County, establish liaison between community 
groups and develop support for neighborhood 
artists and arts organizations; and 

4. Supervise and control the expenditure of 
all appropriations made by the Board of Super- 
visors for the advancement of the visual, perform- 
ing or literary arts. 

Nothing in this section shall be construed to 
limit or abridge the powers or exclusive jurisdic- 
tion of the charitable trust departments or the 
California Academy of Sciences or the Library 
Commission over their activities; the land and 
buildings set aside for their use; or over the other 
assets entrusted to their care. 

SEC. 5.104. ASIAN ART MUSEUM OF 
SAN FRANCISCO. 

The Asian Art Commission shall consist of 
twenty-seven trustees appointed by the Mayor. 
In filling vacancies, the Mayor shall solicit nomi- 
nations from the Commission and shall give due 
consideration to such nominees in filling such 
vacancies to the end that the members of the 
Commission shall be representative of the fields 



75 



Executive Branch — ^Arts and Culture 



Sec. 5.106. 



of Asian art and culture by reason of their 
knowledge, experience, education, training, in- 
terest or activity therein. 
The Commission shall: 

1. Develop and administer that museum 
which is known as the "Asian Art Museum of San 
Francisco," or by such other title as may be 
chosen by not less than two-thirds of the mem- 
bers of the Commission; 

2. Control and manage the City and County's 
Asian art with the Avery Brundage Collection as 
its nucleus, consistent with the conditions appli- 
cable to the Brundage Collection and other gifts; 

3. Maintain a charitable foundation or other 
legal entity for the purpose of developing the 
Asian Art Museum; 

4. Promote, establish and develop an acqui- 
sition fund for Asian art objects; and 

5. Collaborate with other groups and insti- 
tutions to extend and deepen the activities nec- 
essary to establish the Asian Art Museum as the 
outstanding center of Asian art and culture in 
the western world. 

SEC. 5.105. THE FINE ARTS MUSEUMS 
OF SAN FRANCISCO. 

The California Palace of Legion of Honor and 
the M.H. de Young Memorial Museum shall 
compromise the Fine Arts Museums of San Fran- 
cisco, or such other title as may be chosen by not 
less than two-thirds of the trustees of the Fine 
Arts Museums. The Fine Arts Museums Board of 
Trustees shall consist of 62 members to be elected 
by the members of the Board. On a vote of the 
majority of members, the number of Trustees 
may be increased or decreased from time to time 
as needed, provided that the number of Trustees 
shall not be more than 62, and provided further 
that a vote to decrease the number shall not 
affect the power or tenure of any incumbent. The 
Board may act by majority of the members 
present at meetings in which a quorum is in 
attendance. 

In selecting members to serve on the Board, 
the Board of Trustees shall give due consider- 
ation to nominees who are broadly representa- 
tive of the diverse communities of the City and 



County and knowledgeable in the fields of art 
and culture, as demonstrated by their experi- 
ence, training, interest or philanthropic activity. 

A quorum of the Board shall consist of one- 
third of the number of trustees in office at the 
time. A majority or two-thirds vote of the Board 
shall mean a majority or two-thirds vote of the 
number of trustees present at the meeting at 
which the vote is taken. 

The Board is responsible for the protection 
and conservation of the assets of the Fine Arts 
Museums and for setting the public course the 
Museums will follow. The Board shall assure 
that the Museums are open, accessible and vital 
contributors to the cultural life of the City and 
County, and that the Museums' programs bring 
art appreciation and education to all the people 
of the City and County. 

The Board may enter into agreements with a 
not-for-profit or other legal entity to develop or 
operate the museums and to raise and maintain 
funds for the museums' support. 

SEC. 5.106. WAR MEMORIAL AND 
PERFORMING ARTS CENTER. 

The governing board of the War Memorial 
and Performing Arts Center shall consist of 
eleven trustees appointed by the Mayor, pursu- 
ant to Section 3.100, for four-year terms. In 
making appointments the Mayor shall give due 
consideration to veterans and others who have a 
special interest in the purposes for which the 
Center exists. Members may be removed by the 
Mayor only pursuant to Section 15.105. 

The governing board shall appoint and may 
remove a director. 



San Francisco - Charter 76 



[The next page is 87] 



ARTICLE VI: OTHER ELECTIVE OFFICERS 



Designation of Other Elective 

Officers. 

Assessor-Recorder. 

City Attorney. 

District Attorney. 

Public Defender. 

Sheriff. 

Treasurer. 

[Repealed] 



Sec. 6.100. 

Sec. 6.101. 
Sec. 6.102. 
Sec. 6.103. 
Sec. 6.104. 
Sec. 6.105. 
Sec. 6.106. 
Sec. 6.107. 

SEC. 6.100. DESIGNATION OF OTHER 
ELECTIVE OFFICERS. 

In addition to the officers required to be 
elected under other Articles of this Charter, the 
following shall constitute the elective officers of 
the City and County: the Assessor-Recorder, City 
Attorney, District Attorney, Public Defender, Sher- 
iff and Treasurer. Each such officer shall be 
elected for a four-year term and shall serve full 
time. 

The City Attorney shall be licensed to prac- 
tice law in all courts of the State of California 
and shall have been so licensed for at least ten 
years next preceding his or her election. The 
District Attorney and Public Defender shall each 
be licensed to practice law in all courts of the 
State of California and shall have been so li- 
censed for at least five years next preceding his 
or her election. Such officers shall not engage in 
the private practice of law during the period they 
serve as elective officers of the City and County. 

Subject to the powers and duties set forth in 
this Charter, the officers named in this section 
shall have such additional powers and duties 
prescribed by state laws for their respective 
office. The terms of office in effect for these 
officers on the date this Charter is adopted shall 
continue. 

SEC. 6.101. ASSESSOR-RECORDER. 

The Assessor-Recorder shall: 

1. Equitably and effectively administer the 
property assessment system of the City and 
County; and 



2. Exercise the duties of Assessor and Re- 
corder provided luider state law, effective July 1, 
1997. 

SEC. 6.102. CITY ATTORNEY. 

The City Attorney shall: 

1. Represent the City and County in legal 
proceedings with respect to which it has an 
interest; provided that any elected officer, depart- 
ment head, board or commission may engage 
counsel other than the City Attorney for legal 
advice regarding a particular matter where the 
elected officers department head, board or com- 
mission has reason to believe that the City 
Attorney may have a prohibited financial conflict 
of interest tmder California law or a prohibited 
ethical conflict of interest under the California 
Rules of Professional Conduct with regard to the 
matter, subject to the following limitations and 
conditions. 

The elected officer, department head, board 
or commission shall first present a written re- 
quest to the City Attorney for outside counsel. 
The written request shall specify the particular 
matter for which the elected officer, department 
head, board or commission seeks the services of 
outside counsel, a description of the requested 
scope of services, and the potential conflict of 
interest that is the basis for the request. Within 
five working days after receiving the written 
request for outside counsel, the City Attorney 
shall respond in writing to the elected officer, 
department head, board or commission either 
consenting or not consenting to the provision of 
outside counsel. If the City Attorney does not 
consent to the provision of outside counsel, the 
City Attorney shall state in the written response 
why he or she believes that there is no conflict of 
interest regarding the particular matter. 

If the elected officer, department head, board 
or commission continues to believe there are 
adequate grounds for outside counsel despite the 
City Attorney's response that there is no conflict 



87 



Sec. 6.102. 



San Francisco - Charter 



88 



of interest, the elected officer, department head, 
board or commission may, within thirty days 
after receiving the City Attorney's response, re- 
fer the issue of whether the City Attorney has a 
prohibited conflict of interest regarding a par- 
ticular matter to a retired judge or justice of the 
state courts of California for resolution. If the 
elected officer, department head, board or com- 
mission and City Attorney cannot agree on a 
retired judge to hear the matter, the retired 
judge shall be selected at random by an alterna- 
tive dispute resolution provider. If the matter is 
referred to a retired judge, the elected officer, 
department head, board or commission, subject 
to the budgetary and fiscal provisions of the 
Charter, shall be entitled to retain outside coun- 
sel to represent it solely on the issue of whether 
the City Attorney has a conflict of interest re- 
garding the particular matter. 

In deciding whether the City Attorney has a 
conflict of interest regarding a particular matter, 
the retired judge shall be bound by and apply the 
applicable substantive law and Rules of Profes- 
sional Conduct as if he or she were a court of law. 
To the extent practicable, the retired judge shall 
hear the matter within 15 days after its assign- 
ment to the retired judge, and within 15 days 
after the hearing, shall issue a written opinion 
stating the basis for the decision. The retired 
judge, but not the City Attorney or elected officer, 
department head, board or commission, shall 
have the power to subpoena witnesses and docu- 
ments in this proceeding. 

The retired judge may request that the City 
Attorney secure written advice from the Califor- 
nia Fair Political Practices Commission, the State 
Bar of California, or the California Attorney 
General on the question of whether the City 
Attorney has a conflict of interest regarding the 
particular matter. Upon such a request by the 
retired judge, the City Attorney shall secure such 
written advice. The retired judge may consider, 
but is not bound by, written advice so seciu-ed. 
The decision of the retired judge shall be final for 
the limited purpose of determining whether or 
not the elected officer, department head, board or 
commission may retain outside counsel for the 
particular matter. 



If the retired judge decides that the City 
Attorney does not have a conflict of interest 
regarding the particular matter, the City Attor- 
ney shall continue to be the legal adviser to the 
elected officer, department head, board or com- 
mission for such matter. If the retired judge 
decides that the City Attorney has a conflict of 
interest regarding a particular matter, the elected 
officer, department head, board or commission 
shall be entitled to retain outside counsel for 
legal advice regarding the particular matter, and 
the City Attorney shall thereupon cease to advise 
the elected officer, department head board or 
commission on such matter. Any such finding of 
a conflict of interest shall not affect the City 
Attorney's role as legal advisor to the elected 
officer, department head, board or commission 
on all other matters. 

If at any time after the retention of outside 
counsel, the City Attorney believes that there is 
no longer a conflict of interest, the City Attorney 
shall state in writing to the elected officer, de- 
partment head, board or commission why he or 
she believes that there is no longer a conflict of 
interest. Within five working days after receiv- 
ing the written statement from the City Attor- 
ney, the elected officer, department head, board 
or commission shall respond in writing, either 
agreeing or disagreeing that there is no longer a 
conflict of interest. If the elected officer, depart- 
ment head, board or commission agrees that 
there is no longer a conflict of interest regarding 
a particular matter, the elected officer, depart- 
ment head, board or commission shall cease 
emplojdng outside counsel for legal advice regard- 
ing the matter, and the City Attorney shall serve 
as legal adviser to the elected officer, department 
head, board or commission regarding that mat- 
ter. If the elected officer, department head, board 
or commission states in its written response that 
it believes the conflict of interest still exists, the 
City Attorney may, within ten working days after 
receiving the response of the elected officer, 
department head, board or commission, elect to 
refer the issue of whether the conflict of interest 
regarding the particular matter continues to 
exist to the same retired judge who originally 



89 



Other Elective Officers 



Sec. 6.103. 



heard the matter, if available. The same proce- 
dures as established herein shall apply thereaf- 
ter. 

In selecting outside counsel for any purpose 
described in this Section, the elected officer, 
department head, board or commission shall 
give preference to engaging the services of a City 
attorney's office, a County counsel's office or 
other public entity law office with an expertise 
regarding the subject-matter jurisdiction of the 
elected officer, department head, board or com- 
mission. If the elected officer, department head, 
board or commission concludes that private coun- 
sel is necessary, that attorney must be a member 
in good standing with the Bar of California who 
has at least five year's experience in the subject- 
matter jurisdiction of the elected officer, depart- 
ment head, board or commission Any private 
counsel retained pursuant to this Section shall 
be subject to the conflict of interest provisions of 
Section 13.103.5. The cost of any of the services 
of outside counsel and of the alternative dispute 
resolution process authorized by this Section 
shall be paid for by the elected officer, depart- 
ment head, board or commission, subject to the 
budgetary and fiscal provisions of this Charter. 

2. Represent an officer or official of the City 
and County when directed to do so by the Board 
of Supervisors, unless the cause of action exists 
in favor of the City and County against such 
officer or official; 

3. Whenever a cause of action exists in 
favor of the City and County, commence legal 
proceedings when such action is within the knowl- 
edge of the City Attorney or when directed to do 
so by the Board of Supervisors, except for the 
collection of taxes and delinquent revenues, which 
shall be performed by the attorney for the Tax 
Collector; 

4. Upon request, provide advice or written 
opinion to any officer, department head or board, 
commission or other unit of government of the 
City and County; 

5. Make recommendations for or against 
the settlement or dismissal of legal proceedings 
to the Board of Supervisors prior to any such 



settlement or dismissal. Such proceedings shall 
be settled or dismissed by ordinance and only 
upon the recommendation of the City Attorney; 

6. Approve as to form all surety bonds, 
contracts and, prior to enactment, all ordi- 
nances; and examine and approve title to all real 
property to be acquired by the City and County; 

7. Prepare, review annually and make avail- 
able to the public a codification of ordinances of 
the City and County then in effect; 

8. Prepare and make available to the public 
an annual edition of this Charter complete with 
all of its amendments and legal annotations; and 

9. Establish in the Office of the City Attor- 
ney a Bureau of Claims Investigation and Ad- 
ministration which shall have the power to in- 
vestigate, evaluate and settle for the several 
boards, commissions and departments all claims 
for money or damages. The Bureau shall also 
have the power to investigate incidents where 
the City faces potential civil liability, and to 
settle demands before they are presented as 
claims, within dollar limits provided for by ordi- 
nance, from a revolving fund to be established for 
that purpose. The City Attorney shall appoint a 
chief of the Bureau who shall serve at his or her 
pleasure. The chief of the Bureau may appoint, 
subject to confirmation by the City Attorney, 
investigators who shall serve at the pleasure of 
the chief. 

10. During his or her tenure, not contribute 
to, solicit contributions to, publicly endorse or 
urge the endorsement of or otherwise participate 
in a campaign for a candidate for City elective 
office, other than himself or herself or of a City 
ballot measure or be an officer, director or em- 
ployee of or hold a policy-making position in an 
organization that makes political endorsements 
regarding candidates for elective office or City 
ballot measures. (Amended November 2001; 
amended November 2002) 

SEC. 6.103. DISTRICT ATTORNEY. 

The District Attorney shall: 

1. Investigate all allegations of violations of 
laws which the District Attorney has the power 
to prosecute in court or before any other trier of 
fact; 



Sec. 6.103. San Francisco - Charter 90 



2. Prosecute all criminal cases in the appro- 
priate courts and issue warrants for the arrest of 
persons charged with crimes to be prosecuted in 
such coiuts; and 

3. Proceed in such civil cases as authorized 
by state law. 

SEC. 6.104. PUBLIC DEFENDER. 

The Public Defender shall, upon the request 
of an accused who is financially unable to employ 
counsel, or upon order of the Court, defend or 
give counsel or advice to any person charged 
with the commission of a crime or in danger of 
criminal prosecution. 

SEC. 6.105. SHERIFF. 

The Sheriff shall: 

1. Keep the County jail; 

2. Receive all prisoners committed to jail by 
competent authorities; 

3. Execute the orders and legal processes 
issued by courts of the State of California; 

4. Upon court order detail necessary bai- 
liffs; and 

5. Execute the orders and legal processes 
issued by the Board of Supervisors or by any 
legally authorized department or commission. 

The Sheriff shall appoint, and at his or her 
pleasure may remove, an attorney, one under- 
sheriff, one assistant sheriff and one confidential 
secretary. 

SEC. 6.106. TREASURER. 

The Treasurer shall be responsible for the 
collection of taxes, the receipt of all monies 
collected by the City and County and their safe- 
guard, deposit and investment in accordance 
with sound financial practices, and shall be re- 
sponsible for collection of delinquent revenue. 
The Treasurer shall appoint a Chief Assistant 
and a Tax Collector who shall serve at the 
pleasure of the Treasurer. 

SEC. 6.107. 

(Repealed November 2001) 



[The next page is 99] 



ARTICLE VII: JUDICIAL BRANCH 



Sec. 7.100. Superior and Municipal Courts. 
Sec. 7.101. Adult Probation. 
Sec. 7.102. Juvenile Probation. 

SEC. 7.100. SUPERIOR AND MUNICIPAL 
COURTS. 

The powers and duties of the Superior and 
Municipal Courts are as prescribed by state law. 

Any fees required to be collected by the 
Superior Court, Municipal Court or the Clerks of 
such Courts shall be deposited into the treasury 
of the City and County and distributed there- 
from as provided for by state law. 



Any member may serve concurrently as a 
member of the Juvenile Justice Commission cre- 
ated by state law and as a member of the 
Juvenile Probation Commission herein created. 

The Chief Juvenile Probation Officer, assis- 
tants and deputies shall have the powers and 
duties conferred upon such Chief Juvenile Pro- 
bation Officers, assistants and deputies by state 
law; and they shall perform all of the duties 
prescribed by such laws, and such additional 
duties as may be prescribed by ordinances of the 
Board of Supervisors. 



SEC. 7.101. ADULT PROBATION. 

Adult probation is a County function which is 
prescribed by state law. The Superior Court shall 
appoint the Chief Adult Probation Officer. The 
Chief Adult Probation Officer shall appoint such 
assistants, deputies and employees as may be 
allowed or provided by the Board of Supervisors. 

The Chief Adult Probation Officer, and his or 
her assistants and deputies, shall have the pow- 
ers and duties conferred upon such adult proba- 
tion officers, assistants and deputies by state 
laws; and such additional duties as may be 
prescribed by ordinances of the Board of Super- 
visors. 

SEC. 7.102. JUVENILE PROBATION. 

The Juvenile Probation Commission shall 
consist of seven members who shall be appointed 
by the Mayor, pursuant to Section 3.100, for 
staggered four-year terms. Two of the members 
shall be appointed from lists of eligibles submit- 
ted to the Mayor by the Superior Court. The 
Juvenile Probation Department shall be a part of 
the executive branch. 

Members may be removed by the Mayor only 
pursuant to Section 15.105. 



99 



San Francisco - Charter 100 



[The next page is 105] 



ARTICLE VIII: EDUCATION AND LIBRARIES 



Sec. 8.100. Unified School District. 
Sec. 8.101. Governing Board of the 

Community College District. 
Sec. 8.102. Public Libraries. 
Sec. 8.103. Law Library. 

SEC. 8.100. UNIFIED SCHOOL 
DISTRICT. 

The Unified School District shall be under 
the control and management of a Board of Edu- 
cation composed of seven members who shall be 
elected by the voters of the Unified School Dis- 
trict. A student representative shall serve on the 
Board in accordance with state law. No member 
of this Board shall be eligible to serve on the 
Governing Board of the Community College Dis- 
trict. The compensation for each member shall 
be $500 per month. The terms of office in effect 
for Board members on the date this Charter is 
adopted shall continue. (Amended November 2001) 

SEC. 8.101. GOVERNING BOARD OF 
THE COMMUNITY COLLEGE DISTRICT. 

The Community College District shall be 
under the control and management of a Govern- 
ing Board composed of seven members who shall 
be elected by the voters of the Community Col- 
lege District. A student representative shall serve 
on the Governing Board in accordance with state 
law. No member of this Board shall be eligible to 
serve on the Board of Education. The compensa- 
tion for each member shall be $500 per month. 
The terms of office in effect for Board members 
on the date this Charter is adopted shall con- 
tinue. (Amended November 2001) 

SEC. 8.102. PUBLIC LIBRARIES. 

Libraries including the Library Commission 
and the Library Department shall be a part of 
the executive branch. 

The Commission shall consist of seven mem- 
bers appointed by the Mayor, pursuant to Sec- 
tion 3.100, for four-year terms. Members may be 
removed by the Mayor. 



SEC. 8.103. LAW LIBRARY. 

The San Francisco Law Library shall be 
under the management and control of the Board 
of Trustees, as established by act of the Legisla- 
ture approved March 9, 1870. The Board shall 
consist of seven appointive members of the San 
Francisco bar, and the Mayor, the Presiding 
Judge and the three judges of the Appellate 
Department of the Superior Court, ex-officio. All 
vacancies on the Board shall be filled by the 
Board. 

Pursuant to state law, the Board shall ap- 
point and at its pleasure may remove a librarian, 
who shall be its executive officer. The Board 
shall have complete authority to manage its 
affairs consistent with this Charter and state 
law. 

Compensation of Law Library personnel shall 
be fixed by the executive officer of the Law 
Library, with approval of the Board of Trustees. 
Subject to the budgetary and fiscal provisions of 
this Charter, the City and County shall continue 
to fund the salaries for at least the positions of 
Librarian, Assistant Librarian and Bookbinder. 

The City and County shall provide suitable 
and sufficient quarters for the Law Library, fix 
up and furnish the same and provide for the 
supply of necessary light, heat, stationery and 
other conveniences. The Library shall be so lo- 
cated as to be readily accessible to the judges and 
officers of the courts. 

The Clerks of the Superior and Municipal 
Courts shall collect fees provided for law librar- 
ies by general law and the fees so collected shall 
be paid monthly to the Treasurer of the Law 
Library, and shall constitute a law library fund 
to be expended by the Trustees in the purchase of 
books and periodicals, and in the establishment 
and maintenance of the Law Library. 

The judiciary. City, County and state offi- 
cials, members of the Bar, and all inhabitants of 



105 



Sec. 8.103. San Francisco - Charter 106 



the City and County shall have free access, use 
and enjo5mient of the Law Library, subject to the 
rules and regulations of the Trustees. 



[The next page is 111] 



ARTICLE VIIIA: THE MUNICIPAL TRANSPORTATION AGENCY 



Sec. 8A.100. Preamble. 

Sec. 8A.101. Municipal Transportation 

Agency. 
Sec. 8A.102. Governance and Duties. 
Sec. 8A.103. Service Standards and 

Accountability. 
Sec. 8A.104. Personnel and Merit System. 
Sec. 8A.105. Municipal Transportation Fund. 
Sec. 8A.106. Budget. 
Sec. 8A.107. Municipal Transportation 

Quality Review. 
Sec. 8A.108. Fare Changes and Route 

Abandonments . 
Sec. 8A.109. Additional Sources of Revenue. 
Sec. 8A.110. Planning and Zoning. 
Sec. 8A.111. Citizens' Advisory Council. 
Sec. 8A.112. Parking and Traffic. 
Sec. 8A.112. Parking and Traffic; 

Incorporation Into Agency. 
Sec. 8A.113. Parking and Traffic; 

Governance. 
Sec. 8A.114. Cable Cars. 
Sec. 8A.115. Transit-First Policy 

SEC. 8A.100. PREAMBLE. 

(a) An effective, efficient, and safe transpor- 
tation system is vital for San Francisco to achieve 
its goals for quality of life, environmental sus- 
tainability, public health, social justice, and eco- 
nomic growth. The Municipal Transportation 
Agency must manage San Francisco's transpor- 
tation system — which includes automobile, 
freight, transit, bicycle, and pedestrian networks 
— to help the City meet those goals. Through 
this measure, the voters seek to provide the 
Municipal Transportation Agency with improved 
resources and expanded independence and au- 
thority in order to create a transportation sys- 
tem that is among the best in the world. 

(b) This article requires the Municipal Trans- 
portation Agency to develop clear, meaningful 
and quantifiable measures of its performance 



and goals and to regularly publicize those stan- 
dards. This article also recognizes that the work- 
ers of the Municipal Transportation Agency are 
vital to the success of the Agency and to achiev- 
ing the improvements voters seek. Therefore, it 
authorizes incentives for excellence and requires 
accountability for both managers and employees. 

(c) Specifically, San Francisco residents re- 
quire: 

1. Reliable, safe, timely, frequent, and con- 
venient transit service to all neighborhoods; 

2. A reduction in breakdowns, delays, over- 
crowding, preventable accidents; 

3. Clean and comfortable transit vehicles 
and stations, operated by competent, courteous, 
and well trained employees; 

4. Support and accommodation of the spe- 
cial transportation needs of the elderly and the 
disabled; 

5. Protection from crime and inappropriate 
passenger behavior on the Municipal Railway; 

6. Responsive, efficient, and accountable 
management; 

7. Roads that are not gridlocked with con- 
gestion; 

8. A safe and comprehensive network of 
bicycle lanes; 

9. A safe and inviting environment for pe- 
destrians; 

10. Efficient movement of goods and deliv- 
eries; 

11. A transportation sector that promotes 
environmental sustainability and does not con- 
tribute to global warming; and 

12. A well-managed and well-coordinated 
transportation system that contributes to a liv- 
able urban environment. 

Through this measure, the voters seek to 
provide the transportation system with the re- 
sources, independence and focus necessary to 
achieve these goals. 



Ill 



Supp. No. 13, January 2008 



Sec. 8A.100. 



San Francisco - Charter 



112 



(d) The voters find that one of the impedi- 
ments to achieving these goals in the past has 
been that responsibihty for transportation has 
been diffused throughout City government. Ac- 
cordingly, this Article places within the Munici- 
pal Transportation Agency the powers and duties 
relating to transit now vested in other depart- 
ments, boards, and commissions of the City and 
County. This Article further requires that, to the 
extent other City and County agencies provide 
services to the Municipal Transportation Agency, 
those departments must give the highest priority 
to the delivery of such services. 

(e) At the same time, this Article is in- 
tended to ensure sufficient oversight of the Mu- 
nicipal Transportation Agency by, among other 
things, preserving the role of the City's Control- 
ler as to financial matters, the City Attorney as 
to legal matters, and the Civil Service Commis- 
sion, as to merit system issues. In addition, this 
Article requires that outside audits be performed 
to ensure that required service levels are ob- 
tained with a minimum of waste. 

(f) Finally, this Article is intended to 
strengthen the Municipal Transportation Agency's 
authority to: 1) manage its employees; 2) estab- 
lish efficient and economical work rules and 
work practices that maximize the Agency's re- 
sponsiveness to public needs; and 3) protect the 
Agency's right to select, train, promote, demote, 
discipline, layoff" and terminate employees, man- 
agers, and supervisors based upon the highest 
standards of customer service, efficiency and 
competency. 

(g) The effective management of traffic flow 
and parking are vital to the operation of the 
Municipal Railway. Congestion on city streets 
causes delays in transit operations. Therefore, 
the Municipal Transportation Agency must man- 
age parking and traffic flow to ensure that tran- 
sit vehicles move through City streets safely and 
efficiently. 

(h) In addition, the residents of San Fran- 
cisco require that the Agency: 1) value and pro- 
tect the safety of pedestrians and bicyclists; 2) 
reduce congestion and air pollution through effi- 



cient use of the streets; and 3) protect the City's 
economic health by giving priority to commercial 
deliveries and access to local businesses. 

(i) The voters find that reducing the carbon 
emissions from San Francisco's transit sector is 
fundamental to the City's health and wellbeing 
and shall be among the Agency's policy priori- 
ties. Because the Agency has significant influ- 
ence on San Francisco's transportation sector, 
which is responsible for fully half of the carbon 
emissions produced within the City, the voters 
direct the Agency to develop and implement 
strategies for substantially reducing those emis- 
sions. The voters further affirm the goals of the 
City's Climate Action Plan. 

(j) This Article shall be interpreted and ap- 
plied in conformance with the above goals. (Added 
November 1999; Amended by Proposition A, Ap- 
proved 11/6/2007) 

SEC. 8A.101. MUNICIPAL 
TRANSPORTATION AGENCY. 

(a) There shall be a Municipal Transporta- 
tion Agency. The Agency shall include a Board of 
Directors and a Director of Transportation. The 
Agency shall include the Municipal Railway and 
the former Department of Parking and Traffic, 
as well as any other departments, bureaus or 
operating divisions hereafter created or placed 
under the Agency. There shall also be a Citizens 
Advisory Committee to assist the Agency. 

(b) The Board of Supervisors shall have the 
power, by ordinance, to abolish the Taxi Commis- 
sion created in Section 4.133, and to transfer the 
powers and duties of that commission to the 
Agency under the direction of the Director of 
Transportation or his or her designee . In order 
to fully integrate taxi-related functions into the 
Agency should such a transfer occur, the Agency 
shall have the same exclusive authority over 
taxi-related functions and taxi-related fares, fees, 
charges, budgets, and personnel that it has over 
the Municipal Railway and parking and traffic 
fares, fees, charges, budgets, and personnel. Once 
adopted. Agency regulations shall thereafter su- 



Supp. No. 13, January 2008 



113 



The Municipal Transportation Agency 



Sec. 8A.102. 



percede all previously-adopted ordinances gov- 
erning motor vehicles for hire that conflict with 
or duplicate such regulations. 

(c) Any transfer of functions occurring as a 
result of the above provisions shall not adversely 
affect the status, position, compensation, or pen- 
sion or retirement rights and privileges of any 
civil service employees who engaged in the per- 
formance of a function or duty transferred to 
another office, agency, or department pursuant 
to this measure. 

(d) Except as expressly provided in this 
Article, the Agency shall comply with all of the 
restrictions and requirements imposed by the 
ordinances of general application of the City and 
County, including ordinances prohibiting discrimi- 
nation of any kind in employment and contract- 
ing, such as Administrative Code Chapters 12B 
et seq., as amended from time to time. The 
Agency shall be solely responsible for the admin- 
istration and enforcement of such requirements. 

(e) The Agency may contract with existing 
City and County departments to carry out any of 
its powers and duties. Any such contract shall 
establish performance standards for the depart- 
ment providing the services to the Agency, in- 
cluding measurable standards for the quality, 
timeliness, and cost of the services provided. All 
City and County departments must give the 
highest priority to the delivery of such services to 
the Agency. 

(f) The Agency may not exercise any powers 
and duties of the Controller or the City Attorney 
and shall contract with the Controller and the 
City Attorney for the exercise of such powers and 
duties. (Added November 1999; Amended by 
Proposition A, Approved 11/6/2007) 



SEC. 8A.102. 
DUTIES. 



GOVERNANCE AND 



(a) The Agency shall be governed by a board 
of seven directors appointed by the Mayor and 
conformed after public hearing by the Board of 
Supervisors. All initial appointments must be 
made by the Mayor and submitted to the Board 
of Supervisors for confirmation no later than 
February 1, 2000. The Board of Supervisors shall 



act on those initial appointments no later than 
March, 1, 2000 or those appointments shall be 
deemed confirmed. 

At least four of the directors must be regular 
riders of the Municipal Railway, and must con- 
tinue to be regular riders during their terms. The 
directors must possess significant knowledge of, 
or professional experience in, one or more of the 
fields of government, finance, or labor relations. 
At least two of the directors must possess signifi- 
cant knowledge of, or professional experience in, 
the field of public transportation. During their 
terms, all directors shall be required to ride the 
Municipal Railway on the average once a week. 

Directors shall serve four-year terms, pro- 
vided, however, that two of the initial appointees 
shall serve for terms ending March 1, 2004, two 
for terms ending March 1, 2003, two for terms 
ending March 1, 2002, and one for a term ending 
March 1, 2001. Initial terms shall be designated 
by the Mayor. No person may serve more than 
three terms as a director. A director may be 
removed only for cause pursuant to Article XV. 
The directors shall annually elect a chair. The 
chair shall serve as chair at the pleasure of the 
directors. Directors shall receive reasonable com- 
pensation for attending meetings of the Agency 
which shall not exceed the average of the two 
highest compensations paid to the members of 
any board or commission with authority over a 
transit system in the nine Bay Area counties. 

(b) The Agency shall: 

1. Have exclusive authority over the acqui- 
sition, construction, management, supervision, 
maintenance, extension, operation, use, and con- 
trol of all property, as well as the real, personal, 
and financial assets of the Agency ; and have 
exclusive authority over contracting, leasing, and 
purchasing by the Agency, provided that any 
Agency contract for outside services shall be 
subject to Charter Sections 10.104(12) and 
10.104(15) and that the Agency may not transfer 
ownership of any of the real property of the City 
and County without approval from the Board of 
Directors and the Board of Supervisors ; 

2. Have exclusive authority to enter into 
such arrangements and agreements for the joint, 
coordinated, or common use with any other pub- 



Supp. No. 13, January 2008 



Sec. 8A.102. 



San Francisco - Charter 



114 



lie entity owning or having jurisdiction over 
rights-of-way, tracks, structures, subways, tun- 
nels, stations, terminals, depots, maintenance 
facilities, and transit electrical power facilities; 

3. Have exclusive authority to make such 
arrangements as it deems proper to provide for 
the exchange of transfer privileges, and through- 
ticketing arrangements, and such arrangements 
shall not constitute a fare change subject to the 
requirements of Sections 8A.106 and 8A.108; 

4. Notwithstanding any restrictions on con- 
tracting authority set forth in the Administra- 
tive Code, have exclusive authority to enter into 
agreements for the distribution of transit fare 
media and media for the use of parking meters or 
other individual parking services; 

5. Have exclusive authority to arrange with 
other transit agencies for bulk fare purchases, 
provided that if passenger fares increase as a 
result of such purchases, the increase shall be 
subject to review by the Board of Supervisors 
pursuant to Sections 8A.106 and 8A.108; 

6. Notwithstanding Section 2.109, and ex- 
cept as provided in Sections 8A.106 and 8A.108, 
have exclusive authority to fix the fares charged 
by the Municipal Railway, rates for off-street and 
on-street parking, and all other, rates, fees, fines, 
penalties and charges for services provided or 
functions performed by the Agency; 

7. Notwithstanding any provision of the San 
Francisco Municipal Code (except requirements 
administered by the Department of Public Works 
governing excavation, street design and official 
grade) have exclusive authority to adopt regula- 
tions that control the flow and direction of motor 
vehicle, bicycle and pedestrian traffic, including 
regulations that limit the use of certain streets 
or traffic lanes to categories of vehicles and that 
limit the speed of traffic; and to design, select, 
locate, install, operate, maintain and remove all 
official traffic control devices, signs, roadway 
features and pavement markings that control 
the flow of traffic with respect to streets and 
highways within City jurisdiction, provided that: 

(i) Notwithstanding the authority estab- 
lished in subsection 7, the Board of Supervisors 
may by ordinance establish procedures by which 



the public may seek Board of Supervisors review 
of any Agency decision with regard to the instal- 
lation or removal of a stop sign or the creation or 
elimination of a bicycle lane. In any such review, 
the Agency's decision shall stand unless the 
Board of Supervisors reverses the decision of the 
Agency not later than 60 days after submission 
of a request to the Board of Supervisors. 

(ii) Nothing in this subsection 7 shall modify 
the authority of ISCOTT, or any successor body, 
over the temporary use or occupancy of public 
streets, or the authority of the Board of Supervi- 
sors to hear appeals regarding the temporary 
use or occupancy of public streets. 

(iii) Nothing in subsection 7 shall modify 
the power of the Board of Supervisors to estab- 
lish civil offenses, infractions and misdemean- 
ors. 

(iv) Notwithstanding the authority estab- 
lished in subsection 7, to the extent state law 
contemplates that Agency action authorized by 
subsection 7 be effectuated by ordinance, such 
action shall be effectuated by resolution of the 
Board of Directors and shall be subject to refer- 
endum in accordance with Article 14, and, if a 
referendum petition contains the requisite num- 
ber of signatures, the Board of Supervisors shall 
have the power to reconsider or repeal the action 
as provided in Article 14. 

8. Have exclusive authority to adopt regu- 
lations limiting parking, stopping, standing or 
loading as provided by state law and to establish 
parking privileges and locations subject to such 
privileges for categories of people or vehicles as 
provided by state law; to establish parking meter 
zones, to set parking rates, and to select, install, 
locate and maintain systems and equipment for 
payment of parking fees, provided that: 

(i) Notwithstanding the authority estab- 
lished in subsection 8, the Board of Supervisors 
may by ordinance establish procedures by which 
the public may seek Board of Supervisors review 
of any Agency decision with regard to the cre- 
ation or elimination of any preferential parking 
zone, the creation or elimination of any parking 
meter zone, the adoption of any limitation on the 
time period for which a vehicle may be parked, or 



Supp. No. 13, January 2008 



115 



The Municipal Transportation Agency 



Sec. 8A.102. 



reservation of any parking space for persons 
with a disability that quaUfies for parking privi- 
leges under state law. In any review of a decision 
of the Agency pursuant to this section, the Agency's 
decision shall stand unless the Board of Super- 
visors reverses the decision of the Agency not 
later than 60 days after submission of a request 
to the Board of Supervisors. 

(ii) Nothing in subsection 8 shall modify the 
power of the Board of Supervisors to establish 
civil offenses, infractions and misdemeanors. 

(iii) Notwithstanding the authority estab- 
lished in subsection 8, to the extent state law 
contemplates that any Agency action authorized 
by subsection 8 be effectuated by ordinance, such 
action shall be effectuated by resolution of the 
Board of Directors and, if a referendum petition 
contains the requisite number of signatures, 
shall be subject to referendum in accordance 
with Article 14, and the Board of Supervisors 
shall have the power to reconsider or repeal the 
action as provided in Article 14. 

9. Have exclusive authority to establish poli- 
cies regarding and procure goods and services for 
the enforcement of regulations limiting parking, 
stopping, standing or loading and the collection 
of parking-related revenues and, along with the 
Police Department, have authority to enforce 
parking, stopping, standing or loading regula- 
tions; 

10. Be responsible for chairing the Interde- 
partmental Staff Committee on Traffic and Trans- 
portation (ISCOTT) or any successor body; 

11. Be responsible for cooperating with and 
assisting the Police Department in the promo- 
tion of traffic safety; stud5dng and responding to 
complaints related to street design, traffic con- 
trol devices, roadway features and pavement 
markings; collecting compiling and analyzing 
traffic data and traffic accident data and plan- 
ning improvements to improve the safety of the 
City's roadways; and conducting traffic research 
and planning; 

12. Have exclusive authority to apply for, 
accept, and expend state, federal, or other public 
or private grant funds for Agency purposes; 



13. To the maximum extent permitted by 
law, with the concurrence of the Board of Super- 
visors, and notwithstanding the requirements 
and limitations of Sections 9.107, 9.108, and 
9.109, have authority without further voter ap- 
proval to incur debt for Agency purposes and to 
issue or cause to be issued bonds, notes, certifi- 
cates of indebtedness, commercial paper, financ- 
ing leases, certificates of participation or any 
other debt instruments. Upon recommendation 
from the Board of Directors, the Board of Super- 
visors may authorize the Agency to incur on 
behalf of the City such debt or other obligations 
provided: 1) the Controller first certifies that 
sufficient unencumbered balances are expected 
to be available in the proper fund to meet all 
payments under such obligations as they become 
due; and 2) any debt obligation, if secured, is 
secured by revenues or assets under the jurisdic- 
tion of the Agency. 

14. Have the authority to conduct investi- 
gations into any matter within its jurisdiction 
through the power of inquiry, including the power 
to hold public hearings and take testimony, and 
to take such action as may be necessary to act 
upon its findings; and 

15. Exercise such other powers and duties 
as shall be prescribed by ordinance of the Board 
of Supervisors. 

(c) The Agency's Board of Directors shall: 

1. Appoint a Director of Transportation, who 
shall serve at the pleasure of the Board. The 
Director of Transportation shall be employed 
pursuant to an individual contract. His or her 
compensation shall be comparable to the com- 
pensation of the chief executive officers of the 
public transportation systems in the United States 
which the Board of Directors, after an indepen- 
dent survey, determine most closely resemble the 
Agency in size, mission, and complexity. In addi- 
tion, the Board of Directors shall provide an 
incentive compensation plan consistent with the 
requirements of Section 8A.104(k) under which a 
portion of the Director's compensation is based 
on achievement of service standards adopted by 
the Board of Directors. 



Supp. No. 13, January 2008 



Sec. 8A.102. 



San Francisco - Charter 



116 



2. Appoint an executive secretary who shall 
be responsible for administering the affairs of 
the Board of Directors and who shall serve at the 
pleasure of the Board. 

3. In addition to any training that may be 
required by City, State or federal law, attend a 
minimum of four hours of training in each cal- 
endar year, provided by the City Attorney and 
the Controller regarding the legal and financial 
responsibilities of the Board and the Agency. 

(d) The Director of Transportation shall ap- 
point all subordinate personnel of the Agency, 
including deputy directors. The deputy directors 
shall serve at the pleasure of the Director of 
Transportation. 

(e) Upon recommendation of the City Attor- 
ney and the approval of the Board of Directors, 
the City Attorney may compromise, settle, or 
dismiss any litigation, legal proceedings, claims, 
demands or grievances which may be pending for 
or on behalf of, or against the Agency relative to 
any matter or property solely under the Agency's 
jurisdiction. Unlitigated claims or demands 
against the Agency shall be handled as set forth 
in Charter Section 6.102. Any payment pursuant 
to the compromise, settlement, or dismissal of 
such litigation, legal proceedings, claims, de- 
mands, or grievances, unless otherwise specified 
by the Board of Supervisors, shall be made from 
the Municipal Transportation Fund. 

(f) The Agency's Board of Directors, and its 
individual members, shall deal with administra- 
tive matters solely through the Director of Trans- 
portation or his or her designees. Any dictation, 
suggestion, or interference by a director in the 
administrative affairs of the Agency, other than 
through the Director of Transportation or his or 
her designees, shall constitute official miscon- 
duct; provided, however, that nothing herein 
contained shall restrict the Board of Directors' 
powers of hearing and inquiry as provided in this 
Section. 

(g) Notwithstanding any provision of Chap- 
ter 6 or 21 of the Administrative Code establish- 
ing any threshold amount for exercise of execu- 
tive authority to execute contracts, or any 
successor provision of the San Francisco Munici- 



pal Code, the Agency's Board of Directors may 
adopt threshold amounts under which the Direc- 
tor of Transportation and his or her designees 
may approve contracts. 

(h) Except provided in this Article, the Agency 
shall be subject to the provisions of this Charter 
applicable to boards, commissions, and depart- 
ments of the City and County, including Sections 
2.114, 3.105, 4.101, 4.103, 4.104, 4.113, 6.102, 
9.118, 16.100, and A8.346. Sections 4.102, 4.126, 
and 4.132 shall not be applicable to the Agency. 
(Added November 1999; Amended by Proposition 
A, Approved 11/6/2007) 

SEC. 8A.103. SERVICE STANDARDS 
AND ACCOUNTABILITY. 

(a) The Municipal Railway shall provide a 
level of service measured in service hours which 
is not less than that provided under the schedule 
of service published in the April 1996 timetable, 
although not necessarily in that configuration. 

(b) By July 1 of each year, the Agency shall 
adopt mile-stones toward achievement of the 
goals specified in subsections (c) and (d). Mile- 
stones shall be adopted for each mode of trans- 
portation of the Municipal Railway, and for the 
Municipal Railway as a whole, with the goal of 
full achievement of the standards set in subsec- 
tion (c). 

(c) The standards for the Agency with re- 
spect to the services provided by the Municipal 
Railway shall include the following minimum 
standards for on-time performance and service 
delivery: 

1. On-time performance: at least 85 percent 
of vehicles must run on-time, where a vehicle is 
considered on-time if it is no more than one 
minute early or four minutes late as measured 
against a published schedule that includes time 
points; and 

2. Service delivery: 98.5 percent of sched- 
uled service hours must be delivered, and at 
least 98.5 percent of scheduled vehicles must 
begin service at the scheduled time. 



Supp. No. 13, January 2008 



117 



The Municipal Transportation Agency 



Sec. 8A.104. 



(d) The Board of Directors shall adopt Agency 
rules setting additional measurable standards 
for system reliability, system performance, staff- 
ing performance, and customer service, includ- 
ing: 

1. Passenger, public, and employee safety 
and security; 

2. Coverage of neighborhoods and equitable 
distribution of service; 

3. Level of crowding; 

4. Frequency and mitigation of accidents 
and breakdowns; 

5. Improvements in travel time, taking into 
account adequate recovery and lay-over times for 
operators; 

6. Vehicle cleanliness, including absence of 
graffiti; 

7. Quality and responsiveness of customer 
service; 

8. Employee satisfaction; 

9. Effectiveness of the preventive mainte- 
nance program; and 

10. Frequency and accuracy of communica- 
tions to the public. 

11. The Agency's duties related to parking 
and traffic functions and any other functions 
that may be added to the Agency's responsibili- 
ties. 

(e) The Board of Directors shall adopt Agency 
rules setting forth the methods by which perfor- 
mance shall be measured with respect to each 
standard established pursuant to subsections (c) 
or (d) above in accordance with industry best 
practices to enhance the Agency's ability to com- 
pare its performance to that of other comparable 
transit systems. The Agency shall regularly pub- 
lish reports documenting the Agency's perfor- 
mance for each standard. Each performance re- 
port shall note any changes in the rules governing 
the methods by which performance is measured 
so as to inform interpretation of performance 
trends over time. Nothing herein shall prohibit 
the Agency from using additional performance 
measures. 



(f) The Agency shall issue a Climate Action 
Plan to the Board of Supervisors and the Com- 
mission on the Environment by January 1, 2009, 
and every two years thereafter. The plan shall 
describe measures taken and progress made 
toward the goal of reducing greenhouse gas emis- 
sions from San Francisco's transportation sector 
to 80% of 1990 levels by 2012 and shall further 
address progress toward the following goals: 

1. Zero greenhouse gas emissions for Mu- 
nicipal Railway transit vehicles; 

2. Lowering energy consumption in Agency 
facilities and by non-transit vehicles; 

3. Maximizing waste reduction in Agency 
operations; 

4. Increasing transit trips and reducing pri- 
vate vehicle trips within the City; 

5. Increasing the use of bicycling and walk- 
ing as alternate forms of transportation; and 

6. Improving regional transit connections 
to reduce private vehicle use by commuters. 

No later than January 1, 2010, and no less 
than every ten years thereafter, the Board of 
Supervisors shall adopt legislation setting goals 
for reducing greenhouse gas emissions from San 
Francisco's transportation sector, and other cli- 
mate action measures set forth above, for periods 
after 2012. (Added November 1999; Amended by 
Proposition A, Approved 11/6/2007) 

SEC. 8A.104. PERSONNEL AND MERIT 
SYSTEM. 

(a) The Agency shall establish its own per- 
sonnel/labor relations office. The Director of Trans- 
portation shall appoint a personnel/labor rela- 
tions manager, who shall serve at the pleasure of 
the Director of Transportation and shall estab- 
lish regular meetings with labor to discuss issues 
within the scope of representation on terms to be 
determined through collective bargaining. 

(b) Except as otherwise provided in this 
Section, the Agency shall be governed by the 
rules of the civil service system administered by 
the City and appeals provided in civil service 
rules shall be heard by the City's Civil Service 
Commission. Unless otherwise agreed by the 
Agency and affected employee organizations, ap- 



Supp. No. 13, January 2008 



Sec. 8A.104. 



San Francisco - Charter 



118 



peals to the Civil Service Commission shall in- 
clude only those matters within the jurisdiction 
of the Civil Service Commission which establish, 
implement, and regulate the civil service merit 
system as listed in Section A8.409-3. 

(c) Effective July 1, 2000, except for the 
administration of health services, the Agency 
shall assume all powers and duties vested in the 
Department of Human Resources and the Direc- 
tor of Human Resources under Articles X and XI 
of this Charter in connection with job classifica- 
tions within the Agency performing "service- 
critical" functions. Except for the matters set 
forth in subsection (f), the Department of Human 
Resources and the Director of Human Resources 
shall maintain all powers and duties under Ar- 
ticles X and XI as to all other Agency employees. 

(d) On or before April 15, 2000, the Agency 
shall designate "service-critical" classifications 
and functions for all existing classifications used 
by the Municipal Railway; provided, however, 
that employees in classifications designated as 
"service-critical" shall continue to be covered by 
any Cit5^wide collective bargaining agreement 
covering their classifications until the expiration 
of that agreement. 

(e) For purposes of this Article, "service- 
critical" functions are: 

1. Operating a transit vehicle, whether or 
not in revenue service; 

2. Controlling dispatch of, or movement of, 
or access to, a transit vehicle; 

3. Maintaining a transit vehicle or equip- 
ment used in transit service, including both 
preventive maintenance and overhaul of equip- 
ment and systems, including system-related in- 
frastructure; 

4. Regularly providing information services 
to the public or handling complaints; and 

5. Supervising or managing employees per- 
forming functions enumerated above. 

The Agency shall consult with affected em- 
ployee organizations before designating particu- 
lar job classifications as performing "service- 
critical" functions. If an employee organization 
disagrees with the Agency's designation of a 
particular job classification as "service-critical" 



pursuant to the above standards, the organiza- 
tion may, within seven days of the Agency's 
decision, request immediate arbitration. The ar- 
bitrator shall be chosen pursuant to the proce- 
dures for the selection of arbitrators contained in 
the memorandum of understanding of the af- 
fected employee organization. The arbitrator shall 
determine only whether the Agency's designa- 
tion is reasonable based on the above standards. 
The arbitrator's decision shall be final and bind- 
ing. 

The Agency may designate functions other 
than those listed above, and the job classifica- 
tions performing those additional functions, as 
"service-critical," subject to the consultation and 
arbitration provisions of this Section. In deciding 
a dispute over such a designation, the arbitrator 
shall decide whether the job functions of the 
designated classes relate directly to achievement 
of the goals and milestones adopted pursuant to 
Section 8A.103 and are comparable to the above 
categories in the extent to which they are critical 
to service. 

(f) In addition, the Agency shall, with re- 
spect to all Agency employees, succeed to the 
powers and duties of the Director of Human 
Resources under Article X to review and resolve 
allegations of discrimination, as defined in Ar- 
ticle XVII, against employees or job applicants, 
or allegations of nepotism or other prohibited 
forms of favoritism. To the extent resolution of a 
discrimination complaint or request for accom- 
modation involves matters or employees beyond 
the Agency's jurisdiction, the Agency shall coor- 
dinate with and be subject to applicable determi- 
nations of the Director of Human Resources. 

(g) The Agency shall be responsible for cre- 
ating and, as appropriate, modifying Agency 
bargaining units for classifications designated 
by the Agency as "service-critical" and shall 
establish policies and procedures pursuant to 
Government Code sections 3507 and 3507.1 for 
creation and modification of such bargaining 
units. When the Agency creates or modifies a 
bargaining unit, employees in existing classifica- 
tions placed in such bargaining unit shall con- 
tinue to be represented by their current em- 
ployee organizations. 



Supp. No. 13, January 2008 



119 



The Municipal Transportation Agency 



Sec. 8A.104. 



(h) The Agency may create new classifica- 
tions of Agency employees . Such classifications 
shall be subject to the civil service provisions of 
the Charter unless exempted pursuant to Sec- 
tion 10.104, or subsection (i). 

(i) The Agency may create new classifica- 
tions and positions in those classifications ex- 
empt from the civil service system for manage- 
rial employees in MTA bargaining units M and 
EM in addition to those exempt positions pro- 
vided in Section 10.104; provided, however, that 
the total number of such exempt managerial 
positions within the Agency shall not exceed 2.75 
percent of the Agency's total workforce, exclusive 
of the exempt positions provided in Section 10.104. 
This provision shall not be utilized to eliminate 
personnel holding existing permanent civil ser- 
vice managerial positions on November 2, 1999. 

Persons serving in exempt managerial posi- 
tions shall serve at the pleasure of the Director of 
Transportation. Such exempt management em- 
ployees, to the extent they request placement in 
a bargaining unit, shall not be placed in the 
same bargaining units as non-exempt employees 
of the Agency. 

(j) The Civil Service Commission shall an- 
nually review both exempt and non-exempt clas- 
sifications of the Agency to ensure compliance 
with the provisions of subsections (h) and (i). 

(k) Upon the expiration of labor contracts 
negotiated by the Department of Human Re- 
sources and approved by the Board of Supervi- 
sors, and except for retirement benefits, the 
wages, hours, working conditions, and benefits of 
the employees in classifications within the Mu- 
nicipal Railway designated by the Agency as 
"service-critical" shall be fixed by the Agency 
after meeting and conferring as required by the 
laws of the State of California and this Charter, 
including Sections A8.346, A8.404 and A8.409. 
These agreements shall utilize, and shall not 
alter or interfere with, the health plans estab- 
lished by the City's Health Service Board; pro- 
vided, however, that the Agency may contribute 
toward defraying the cost of employees' health 
premiums. For any job classification that exists 
both as a "service-critical" classification in the 



Agency and elsewhere in City service, the base 
wage rate negotiated by the Agency for that 
classification shall not be less than the wage rate 
set in the Citywide memorandum of understand- 
ing for that classification. 

(1) Notwithstanding subsection (k), the 
Agency may, in its sole discretion, utilize the 
City's collective bargaining agreements with any 
employee organization representing less than 10 
percent of the Agency's workforce. 

(m) Notwithstanding any limitations on com- 
pensation contained in Section A8.404, and in 
addition to the base pay established in collective 
bargaining agreements, all agreements negoti- 
ated by the Agency relating to compensation for 
Agency managers and employees in classifica- 
tions designated by the Agency as "service- 
critical" shall provide incentive bonuses based 
upon the achievement of the service standards in 
Section 8A. 103(c) and other standards and mile- 
stones adopted pursuant to Section 8A.103. Such 
agreements may provide for additional incen- 
tives based on other standards established by 
the Board of Directors, including incentives to 
improve attendance. The Board of Directors shall 
also establish a program under which a compo- 
nent of the compensation paid to the Director of 
Transportation and all exempt managers shall 
be based upon the achievement of service stan- 
dard adopted by the Board of Directors. 

(n) For employees whose wages, hours and 
terms and conditions of emplojrment are set by 
the Agency pursuant to Sections A8. 404 or A8.409 
et seq., the Agency shall exercise all powers of 
the City and County, the Board of Supervisors, 
the Mayor, and the Director of Human Resources 
under those sections. For employees covered by 
Section A8. 409 et seq., the mediation/arbitration 
board set forth in Section A8.409-4 shall consider 
the following additional factors when making a 
determination in any impasse proceeding involv- 
ing the Agency: the interests and welfare of 
transit riders, residents, and other members of 
the public; and the Agency's ability to meet the 
costs of the decision of the arbitration board 
without materially reducing service. Notwith- 
standing the timelines described in Section 



Supp. No. 13, January 2008 



Sec. 8A.104. 



San Francisco - Charter 



120 



A8.409-4, to be effective the beginning of the 
next succeeding fiscal year, all collective bargain- 
ing agreements must be submitted to the Board 
of Directors no later than June 15 for final 
adoption on or before June 30. For employees 
whose wages, hours and terms and conditions of 
employment are set by the Agency pursuant to 
Sections A8.404, the Agency shall perform the 
functions of the Civil Service Commission with 
respect to certification of the average of the two 
highest wage schedules for transit operators in 
comparable jurisdictions pursuant to Section 
A8.404(a), and conduct any actuarial study nec- 
essary to implement Section A8. 404(f). 

(o) The voters find that unscheduled em- 
ployee absences adversely affect customer ser- 
vice. Accordingly, not later than January 1, 2001, 
the agency shall create a comprehensive plan for 
the reduction of unscheduled absences. In addi- 
tion, the Agency shall take all legally permitted 
steps to eliminate unexcused absences. The Agency 
shall have no authority to approve any memo- 
randum of understanding or other binding agree- 
ment which restricts the authority of the Agency 
to administer appropriate discipline for unex- 
cused absences. 

(p) Before adopting any collective bargain- 
ing agreement, the Agency shall, no later than 
June 15, at a duly noticed public meeting, dis- 
close in writing the contents of such collective 
bargaining agreement, a detailed analysis of the 
proposed agreement, a comparison of the differ- 
ences between the agreement reached and the 
prior agreement, and an analysis of all costs for 
each year of the term of such agreement. Such 
agreement between the Agency and employee 
organization shall not be approved by the Agency 
until 15 days after the above disclosures have 
been made. (Added November 1999; Amended by 
Proposition A, Approved 11/6/2007) 

SEC. 8A.105. MUNICIPAL 
TRANSPORTATION FUND. 

(a) There is hereby established a fund to 
provide a predictable, stable, and adequate level 
of funding for the Agency, which shall be called 
the Municipal Transportation Fund. The fund 
shall be maintained separate and apart from all 



other City and County funds. Monies therein 
shall be appropriated, expended, or used by the 
Agency solely and exclusively for the operation 
including, without limitation, capital improve- 
ments, management, supervision, maintenance, 
extension, and day-to-day operation of the Agency, 
including any division subsequently created or 
incorporated into the Agency and performing 
transportation-related functions. Monies in the 
Fund may not be used for any other purposes 
than those identified in this Section. 

(b) Beginning with the fiscal year 2000- 
2001 and in each fiscal year thereafter, there is 
hereby set aside to the Municipal Transportation 
Fund the following: 

1. An amount (the "Base Amount") which 
shall be no less than the amount of all appropria- 
tions from the General Fund, including all supple- 
mental appropriations, for the fiscal year 1998- 
1999 or the fiscal year 1999-2000, whichever is 
higher (the "Base Year"), adjusted as provided in 
subsection (c), below, for (1) the Municipal Rail- 
way; and (2) all other City and County commis- 
sions, departments and agencies providing ser- 
vices to the Municipal Railway, including the 
Department of Human Resources and the Pur- 
chasing Department, for the provision of those 
services. The Base Amount for the Department 
of Parking and Traffic and the Parking Authority 
shall be established in the same fashion but 
using fiscal years 2000-2001 and 2001-2002 for 
the services being incorporated into the Agency. 

2. Subject to the limitations and exclusions 
in Sections 4.113, the revenues of the Municipal 
Railway, and, upon their incorporation into the 
Agency, the revenues of the Department of Park- 
ing and Traffic, and the Parking Authority; and 

3. All other funds received by the City and 
County from any source, including state and 
federal sources, for the support of the Agency . 

(c) The Base Amount shall initially be de- 
termined by the Controller. Adjustments to the 
Base Amount shall be made as follows: 

1. The Base Amount shall be adjusted for 
each year after fiscal year 2000-2001 by the 
Controller based on calculations consistent from 
year to year, by the percentage increase or de- 



Supp. No. 13, January 2008 



121 



The Municipal Transportation Agency 



Sec. 8A.106. 



crease in aggregate City and County discretion- 
ary revenues. In determining aggregate City and 
County discretionary revenues, the Controller 
shall only include revenues received by the City 
which are unrestricted and may be used at the 
option of the Mayor and the Board of Supervisors 
for any lawful City purpose. Errors in the 
Controller's estimate of discretionary revenues 
for a fiscal year shall be corrected by adjustment 
in the next year's estimate. 

2. An adjustment shall also be made for any 
increases in General Fund appropriations to the 
Agency in subsequent years to provide continu- 
ing services not provided in the Base Year, but 
excluding additional appropriations for one-time 
expenditures such as capital expenditures or 
litigation judgments and settlements. 

(d) The Treasurer shall set aside and main- 
tain the amounts required to be set aside by this 
Section, together with any interest earned thereon, 
in the Municipal Transportation Fund, and any 
amounts unspent or uncommitted at the end of 
any fiscal year shall be carried forward, together 
with interest thereon, to the next fiscal year for 
the purposes specified in this Article. 

(e) It is the policy of the City and County of 
San Francisco to use parking-related revenues to 
support public transit. To that end, the following 
parking-related revenues deposited in the Trans- 
portation Fund shall be used to support the 
capital and operating expenses arising from the 
Agency's transit functions: 

1. Revenues from parking meters, except 
those amounts collected from parking meters 
operated by the Recreation and Park Depart- 
ment and the Port Commission and except to the 
extent that they are required by law to be dedi- 
cated to other traffic regulation and control func- 
tions; 

2. Revenues from off-street parking facili- 
ties under the jurisdiction of the Agency (exclud- 
ing facilities owned by the Parking Authority), 
including facilities leased to private owners and 
non-profit corporations, except those amounts 
generated from any parking on or below any land 
or facilities under the jurisdiction of the Recre- 



ation and Park Department and except those 
amounts obligated by contract executed before 
1993 to pay debt service; 

3. Revenues from fines, forfeited bail, or 
penalties for parking violations, except those 
amounts to be credited to the courthouse con- 
struction fund as provided in Administrative 
Code Section 10.117-35. 

(f) In addition, there is hereby set aside 
from the general revenues of the City and County 
and deposited in the Transportation Fund to 
support the Agency's transit services an amount 
equivalent to 80 percent of the revenues received 
from the City's tax on occupation of parking 
spaces. Additional amounts appropriated as a 
result of this subsection after July 1, 2008 which 
were not previously available to support transit 
service shall be used exclusively to: 

1. support implementation of the transit 
service improvements recommended by the Tran- 
sit Effectiveness Project or any subsequent system- 
wide route and service evaluation, with first 
priority given to the hiring of full time on-going 
staff and expansion" of training for Agency em- 
ployees, supervisors and managers; and 

2. support the creation of a Labor-Manage- 
ment Implementation and Service Improvement 
Committee consisting of the Director of Trans- 
portation and a designated representative of 
each union representing Agency employees. This 
committee shall meet quarterly to discuss imple- 
mentation of this Section and ongoing system 
challenges. (Added November 1999; Amended by 
Proposition A, Approved 11/6/2007) 

SEC. 8A.106. BUDGET. 

The Agency shall be subject to the provisions 
of Article IX of this Charter except: 

(a) No later than May 1 of each even- 
numbered year, after professional review, public 
hearing and after receiving the recommenda- 
tions of the Citizens' Advisory Council, the Agency 
shall submit its proposed budget with annual 
appropriation detail in a form approved by the 
Controller for each of the next two fiscal years to 
the Mayor and the Board of Supervisors for their 
review and consideration. The Agency shall pro- 



Supp. No. 13, January 2008 



Sec. 8A.106. 



San Francisco - Charter 



122 



pose a budget that is balanced without the need 
for additional funds over the Base Amount, but 
may include fare increases and decreases, and 
reductions or abandonment of service. The Mayor 
shall submit the budget to the Board of Supervi- 
sors, without change. Should the Agency request 
additional general fund support over the Base 
Amount, it shall submit an augmentation re- 
quest for those funds in the standard budget 
process and subject to normal budgetary review 
and amendment under the general provisions of 
Article IX. 

(b) At the time the budget is adopted, the 
Agency shall certify that the budget is adequate 
in all respects to make substantial progress 
towards meeting the performance standards es- 
tablished pursuant to Section 8A.103 for the 
fiscal year covered by the budget. 

(c) No later than August 1, the Board of 
Supervisors may allow the Agency's budget to 
take effect without any action on its part or it 
may reject but not modify the Agency's budget by 
a seven-elevenths' vote. Any fare change, route 
abandonment, or revenue measure proposed in 
the budget shall be considered accepted unless 
rejected by a seven-elevenths' vote on the entire 
budget. Should the Board reject the budget, it 
shall make additional interim appropriations to 
the Agency from the Municipal Transportation 
Fund sufficient to permit the Agency to maintain 
all operations through the extended interim pe- 
riod until a budget is adopted. Any request for 
appropriation of General Fund revenues in ex- 
cess of the Base Amount shall be approved, 
modified, or rejected under the general provi- 
sions of Article IX. 

(d) No later than May 1 of each odd- 
numbered year, the Agency shall submit any 
budget amendment that may be required to 
increase appropriations over those approved in 
the two year budget or as may be required by 
law, provided that such budget amendment shall 
establish a detailed plan with appropriation de- 
tail only for those anticipated revenues and 
expenditures exceeding those approved in the 
two year budget or as otherwise required by law. 
The Agency may submit to the Board of Super- 



visors such additional budget amendments or 
modifications during the term of the budget, 
including but not limited to amendments reflect- 
ing fare changes, route abandonments and rev- 
enue measures, as may be required in the dis- 
cretion of the Agency. The Board of Supervisors 
may allow any budget amendment to take effect 
without any action on its part or it may reject but 
not modify the budget amendment by a seven- 
elevenths' vote taken within 30 days after its 
submission to the Board of Supervisors. 

(e) Notwithstanding any other provisions of 
this Charter or requirements of the Annual Sal- 
ary Ordinance, the Controller may authorize the 
Agency to move funds within its budget and hire 
personnel without specific Controller approval so 
long as the Agency's periodic and verifiable pro- 
jections of spending by the Agency show the 
Controller that the Agency's spending will be 
within the approved budget. However, should 
the projections show that the Agency spending is 
likely to exceed its budget, the Controller may 
impose appropriate controls in his or her discre- 
tion to keep the Agency within budget. (Added 
November 1999; Amended by Proposition A, Ap- 
proved 1^6/2007) 

SEC. 8A.107. MUNICIPAL 
TRANSPORTATION QUALITY REVIEW. 

(a) The Agency shall biennially contract with 
a nationally recognized management or trans- 
portation consulting firm with offices in the City 
and County for an independent review of the 
quality of its operations. The contract shall be 
competitively bid and approved by the Controller 
and Board of Supervisors. The review shall con- 
tain: 

1. A detailed analysis of the extent to which 
the Agency has met the goals, objectives, and 
performance standards it is required to adopt 
under Section 8A.103, and the extent to which 
the Agency is expected to meet those goals, 
objectives, and performance standards in the two 
fiscal years for which the review is submitted, 
and independent verification of the Agency's 
reported performance under the performance 
measures adopted pursuant to Section 4 of this 
measure; and 



Supp. No. 13, January 2008 



123 



The Municipal Transportation Agency 



Sec. 8A.109. 



2. Such recommendations for improvement 
in the operation of the Agency as the firm con- 
ducting the review deems appropriate. 

(b) The results of the review shall be pre- 
sented promptly to the Citizens' Advisory Coun- 
cil, the Agency, the Board of Supervisors, and the 
Mayor by the reviewing firm; and the Citizens' 
Advisory Council, the Agency, and the Board of 
Supervisors shall each promptly hold at least 
one public hearing thereon. (Added November 
1999) 

SEC. 8A-108. FARE CHANGES AND 
ROUTE ABANDONMENTS. 

(a) Except as otherwise provided in this 
Section, any proposed change in fares or route 
abandonments shall be submitted to the Board 
of Supervisors as part of the Agency's budget or 
as a budget amendment under Section 8A.106, 
and may be rejected at that time by a seven- 
elevenths vote of the Board on the budget or 
budget amendment. Any changes in fares or 
route abandonments proposed by the Agency 
specifically to implement a program of service 
changes identified in a system-wide strategic 
route and service evaluation such as the Transit 
Effectiveness Project may only be rejected by a 
single seven-elevenths' vote of the Board of Su- 
pervisors on the budget or budget amendment. 

(b) The Agency shall base any proposed 
change in Municipal Railway fares on the follow- 
ing criteria: 

1. The Municipal Railway's need for addi- 
tional funds for operations and capital improve- 
ments and optimal maintenance of assets. 

2. The extent to which the increase is nec- 
essary to meet the goals, objectives, and perfor- 
mance standards previously established by the 
Agency pursuant to Section 8A.103. 

3. The extent to which the Agency has dili- 
gently sought other sources of funding for the 
operations and capital improvements of the Mu- 
nicipal Railway. 

4. The need to keep Municipal Railway fares 
low to encourage maximum patronage. 



5. The need to increase fares gradually over 
time to keep pace with inflation and avoid large 
fare increases after extended periods without a 
fare increase. 

(c) For purposes of this Article, a "route 
abandonment" shall mean the permanent termi- 
nation of service along a particular line or ser- 
vice corridor where no reasonably comparable 
substitute service is offered. If the Agency pro- 
poses to abandon a route at any time other than 
as part of the budget process as provided in 
Section 8A.106, it shall first submit the proposal 
to the Board of Supervisors. The Board of Super- 
visors may, after a noticed public hearing, reject 
the proposed route abandonment by a seven- 
elevenths vote of its members taken within 30 
days after the proposal is submitted by the 
Agency. (Added November 1999; Amended by 
Proposition A, Approved 11/6/2007) 

SEC. 8A.109. ADDITIONAL SOURCES OF 
REVENUE. 

(a) To the extent allowed by law, the Board 
of Supervisors may, by ordinance, dedicate to the 
Agency revenues from sources such as gas taxes, 
motor vehicle licensing taxes or other available 
motor vehicle-related revenue sources. 

(b) The Mayor, the Board of Supervisors, 
and the Agency diligently shall seek to develop 
new sources of funding for the Agency's opera- 
tions, including sources of funding dedicated to 
the support of such operations, which can be 
used to supplement or replace that portion of the 
Municipal Transportation Fund consisting of ap- 
propriations from the General Fund of the City 
and County. Unless prohibited by preemptive 
state law, the Agency may submit any proposal 
for increased or reallocated funding to support 
all or a portion of the operations of the Agency, 
including, without limitation, a tax or special 
assessment directly to the electorate for ap- 
proval, or to the owners of property or businesses 
to be specially assessed, or to any other persons 
or entities whose approval may be legally re- 
quired, without the further approval of the Mayor 
or the Board of Supervisors. The Agency shall be 
authorized to conduct any necessary studies in 



Supp. No. 13, January 2008 



Sec. 8A.109. 



San Francisco - Charter 



124 



connection with considering, developing, or pro- 
posing such revenue sources. (Added November 
1999; Amended by Proposition A, Approved 11/6/ 
2007) 

SEC. 8A.110. PLANNING AND ZONING. 

The planning and zoning provisions of this 
Charter and the Planning Code, as they may be 
amended from time to time, shall apply to all 
real property owned or leased by the Agency but 
shall not impede the Agency's exclusive author- 
ity to set rates and other charges pursuant to 
Section 8A. 102(b)(5). (Added November 1999; 
Amended by Proposition A, Approved 11/6/2007) 

SEC. 8A.111. CITIZENS' ADVISORY 
COUNCIL. 

The Agency shall establish a Citizens' Advi- 
sory Council of fifteen members which shall 
consist of one person appointed by each member 
of the Board of Supervisors and four members 
appointed by the Mayor. Each member must be a 
resident of the City and County. No fewer than 
ten members of the Council must be regular 
riders of the Municipal Rail-way. At least two 
members must use the Municipal Railway's 
paratransit system, and at least three of the 
members must be senior citizens over the age of 
60. The membership of the Council shall be 
reflective of the diversity and neighborhoods of 
the City and County. The Council may provide 
recommendations to the Agency with respect to 
any matter within the jurisdiction of the Agency 
and shall be allowed to present reports to the 
Agency's board of directors. The members of the 
Council shall be appointed to four-year terms 
and shall serve at the pleasure of their appoint- 
ing power. Staggered terms for the initial appoin- 
tees to the Council shall be determined by lot. 
(Added November 1999) 

SEC. 8A.112. PARKING AND TRAFFIC 

(a) The Municipal Transportation Agency 
Board of Directors shall succeed to all powers 
and duties of the former Parking and Traffic 
Commission, including the power of members to 
serve ex officio as members of the Parking Au- 
thority Commission under Section 32657 of the 



Streets and Highways Code. The chair of the 
Agency's board of directors shall designate an- 
nually the directors to serve as members of the 
Parking Authority Commission. Any person may 
serve concurrently as a member of the Agency's 
board of directors and as a member of the Park- 
ing Authority Commission. It is the policy of the 
City and County that the Agency exercise all 
powers vested by State law in the Parking Au- 
thority. 

(b) It shall be City policy that the offices of 
Director of Transportation and Parking Author- 
ity Executive Director are not incompatible of- 
fices, and the Director of Transportation may 
serve ex officio as Parking Authority Executive 
Director, but shall not receive any additional 
compensation for that service. (Added November 
1999; Amended by Proposition A, Approved 11/6/ 
2007) 

SEC. 8A.113. PARKING AND TRAFFIC; 
GOVERNANCE. 

(a) The Agency shall be responsible for man- 
agement of parking and traffic functions within 
the City, so as to: 

1. Provide priority to transit services in the 
utilization of streets, particularly during com- 
mute hours while maintaining the safety of pas- 
sengers, pedestrians, cyclists and motorists; 

2. Facilitate the design and operation of 
City streets to enhance alternative forms of 
transit, such as pedestrian, bicycle, and pooled 
or group transit (including taxis); 

3. Propose and implement street and traffic 
changes that gives the highest priority to public 
safety and to impacts on public transit, pedestri- 
ans, commercial delivery vehicles, and bicycles; 

4. Integrate modem information and traffic- 
calming techniques to promote safer streets and 
promote usage of public transit; 

5. Develop a safe, interconnected bicycle 
circulation network; and 

6. Ensure that parking policies and facili- 
ties contribute to the long term financial health 
of the Agency. 



Supp. No. 13, January 2008 



125 



The Municipal Transportation Agency 



Sec. 8A.115. 



(b) It shall be City policy that the Agency 
manage the Parking Authority so that it does not 
acquire or construct new or expanded parking 
facilities unless the Agency finds that the costs 
resulting from such acquisition, construction, or 
expansion and the operation of such facilities 
will not reduce the level of funding to the Mu- 
nicipal Railway from parking and garage rev- 
enues under Section 16.110 to an amount less 
than that provided for fiscal year 1999-2000, as 
adjusted by the Controller for inflation; further 
provided that it shall be City policy that before 
approving the acquisition, construction or expan- 
sion of a parking garage, the Agency's Board of 
Directors shall make a finding that the operation 
of the garage will advance or be consistent with 
the City's Transit First Policy. (Added November 
1999; Amended by Proposition A, Approved 11/6/ 
2007) 

SEC. 8A.114. CABLE CARS. 

In the conduct of the public transportation 
system there shall be maintained and operated 
cable car lines as follows: 

1. A line commencing at Powell and Market 
Streets; thence along Powell Street to Jackson 
Street; thence along Jackson Street to Mason 
Street; thence along Mason Street to Columbus 
Avenue; thence along Columbus Avenue to Tay- 
lor Street; thence along Taylor Street to a termi- 
nal at Bay Street; returning from Bay and Taylor 
Streets along Taylor Street to Columbus Avenue; 
thence along Columbus Avenue to Mason Street; 
thence along Mason Street to Washington Street; 
thence along Washington Street to Powell Street; 
and thence along Powell Street to Market Street, 
the point of commencement. 

2. A line commencing at Powell and Market 
Streets; thence along Powell Street to Jackson 
Street; thence along Jackson Street to Hyde 
Street; thence along Hyde Street to a terminal at 
Beach; returning from Beach and Hyde Streets 
along Hyde Street to Washington Street; thence 
along Washington Street to Powell Street; thence 
along Powell Street to Market Street, the point 
of commencement. 



3. A line commencing at Market and Cali- 
fornia; thence along California Street to a termi- 
nal at Van Ness Avenue; returning from Van 
Ness Avenue along California Street to Market 
Street, the point of commencement. 

To fully effectuate the intent of this section, 
these lines shall be maintained and operated at 
the normal levels of scheduling and service in 
effect on July 1, 1971; provided, however, that 
nothing herein contained shall prevent the in- 
creasing of the levels of scheduling and service. 
(Amended by Proposition A, Approved 11/6/2007) 
Note: 

Formerly § 16.100. 

SEC. 8A.115. TRANSIT-FIRST POLICY. 

(a) The following principles shall constitute 
the City and County's transit-first policy and 
shall be incorporated into the General Plan of 
the City and County. All officers, boards, commis- 
sions, and departments shall implement these 
principles in conducting the City and County's 
affairs: 

1. To ensure quality of life and economic 
health in San Francisco, the primary objective of 
the transportation system must be the safe and 
efficient movement of people and goods. 

2. Public transit, including taxis and van- 
pools, is an economically and environmentally 
sound alternative to transportation by indi- 
vidual automobiles. Within San Francisco, travel 
by public transit, by bicycle and on foot must be 
an attractive alternative to travel by private 
automobile. 

3. Decisions regarding the use of limited 
public street and sidewalk space shall encourage 
the use of public rights of way by pedestrians, 
bicyclists, and public transit, and shall strive to 
reduce traffic and improve public health and 
safety. 

4. Transit priority improvements, such as 
designated transit lanes and streets and im- 
proved signalization, shall be made to expedite 
the movement of public transit vehicles (includ- 
ing taxis and vanpools) and to improve pedes- 
trian safety. 



Supp. No. 13, January 2008 



Sec. 8A.115. San Francisco ■ Charter 126 

5. Pedestrian areas shall be enhanced wher- 
ever possible to improve the safety and comfort 
of pedestrians and to encourage travel by foot. 

6. Bicycling shall be promoted by encourag- 
ing safe streets for riding, convenient access to 
transit, bicycle lanes, and secure bicycle parking. 

7. Parking policies for areas well served by 
public transit shall be designed to encourage 
travel by public transit and alternative transpor- 
tation. 

8. New transportation investment should 
be allocated to meet the demand for public tran- 
sit generated by new public and private commer- 
cial and residential developments. 

9. The ability of the City and County to 
reduce traffic congestion depends on the ad- 
equacy of regional public transportation. The 
City and County shall promote the use of re- 
gional mass transit and the continued develop- 
ment of an integrated, reliable, regional public 
transportation system. 

10. The City and County shall encourage 
innovative solutions to meet public transporta- 
tion needs wherever possible and where the 
provision of such service will not adversely affect 
the service provided by the Municipal Railway. 

(b) The City may not require or permit 
off-street parking spaces for any privately-owned 
structure or use in excess of the number that 
City law would have allowed for the structure or 
use on July 1, 2007 unless the additional spaces 
are approved by a four-fifths vote of the Board of 
Supervisors. The Board of Supervisors may re- 
duce the maximum parking required or permit- 
ted by this section. (Amended by Proposition A, 
Approved 11/6/2007) 
Note: 

Formerly § 16.102. 



[The next page is 141] Supp. No. 13, January 2008 



ARTICLE VIIIB: PUBLIC UTILITIES 



Sec. 8B.120. Preamble. 
Sec. 8B.121. Public Utilities Commission. 
Sec. 8B.122. Goals and Objectives Related to 
Water and Clean Water. 

Sec. SB. 123. Planning and Reporting. 
Sec. 8B.124. Water and Clean Water 

Revenue Bonds. 
Sec. 8B.125. Rates. 

Sec. 8B.126. Personnel and Merit System. 
Sec. 8B.127. Contracting and Purchasing. 

SEC. 8B.120. PREAMBLE. 

The Public Utilities Commission operates the 
Water, Clean Water and Power Utilities of the 
City and County of San Francisco. Hetch Hetchy 
Water and Power System is an irreplaceable 
asset of the people of the City and County of San 
Francisco. The system is fundamental to the 
economic vitality of San Francisco and the Bay 
Area. The voters of the City and County of San 
Francisco are committed to preserving and pro- 
tecting the system as well as safeguarding the 
extraordinary quality of the water from Yosemite 
and local watersheds. The voters find that the 
protection, maintenance and repair of the sys- 
tem are among their highest priorities. 

San Francisco faces an unprecedented chal- 
lenge: to restore its aging water system to ensure 
a reliable Bay Area water supply through the 
next century. Repairs must be accomplished as 
quickly as possible to avoid system outages, 
which could be caused by natural disasters such 
as earthquake. In planning for its future needs 
and those of its wholesale customers, the City 
must promote water conservation and respon- 
sible stewardship of its natural resources. The 
effectiveness of the City's Public Utilities Com- 
mission, which has jurisdiction over the system, 
is essential to achieving these goals. 

In addition, San Francisco must upgrade and 
repair its clean water system to meet changes in 
state and federal water quality requirements. 



and to ensure reliability of the system, parts of 
which are outdated, aged or seismically vulner- 
able. The voters find that the operation of the 
clean water system should not unnecessarily 
place a disproportionate environmental burden 
on any community. 

This measure is intended to enhance public 
confidence in the City's stewardship of public 
utilities by: 

1. Clarifying that the Public Utilities Com- 
mission has exclusive control of water, clean 
water and power assets owned or maintained by 
the City and County of San Francisco; 

2. Establishing rates sufficient to meet op- 
eration, maintenance and financial needs of the 
system based on costs and sound budgeting and 
auditing procedures to protect retail ratepayers 
and reduce interest paid on bonds and other 
indebtedness while ensuring public review; 

3. Establishing the Public Utilities Commis- 
sion as an independent revenue department not 
subject to undue financial pressures to contrib- 
ute to the City's general fiind; 

4. Requiring the development of long term 
Capital, Financial and Strategic Plans to ensure 
that the utilities are operated efficiently in ac- 
cordance with best public utility practice; 

5. Authorizing the Public Utilities Commis- 
sion to independently enter into certain con- 
tracts; 

6. Giving the Public Utilities Commission 
the ability to finance needed capital improve- 
ments through revenue bonds or other financing 
methods consistent with the powers of other 
major public utilities in California; and 

7. Promoting labor stability to ensure that 
the Capital Improvement Plan is completed ex- 
peditiously and efficiently. (Added November 2002) 

SEC. 8B.121. PUBLIC UTILITIES 
COMMISSION. 

(a) Notwithstanding Charter section 4.112, 
the Public Utilities Commission shall have ex- 
clusive charge of the construction, management. 



141 



Sec. 8B.121. 



San Francisco - Charter 



142 



supervision, maintenance, extension, expansion, 
operation, use and control of all water, clean 
water and energy supplies and utilities of the 
City as well as the real, personal and financial 
assets, that are under the Commission's jurisdic- 
tion or assigned to the Commission under Sec- 
tion 4.132. 

(b) The Public Utilities Commission may 
enter into Joint Powers Agreements with other 
public entities in furtherance of the responsibili- 
ties of the Commission. 

(c) Except to the extent otherwise provided 
in this Article, the Public Utilities Commission 
shall be subject to the provisions of Charter 
sections 4.100 et seq. generally applicable to 
boards and commissions of the City and County. 

(d) The General Manager shall have the 
authority to organize and reorganize the depart- 
ment. The General Manager shall adopt rules 
and regulations governing all matters within the 
jurisdiction of the department subject to section 
4.102 as applicable. 

(e) Ownership or control of any public util- 
ity or any part thereof under the jurisdiction of 
the Public Utilities Commission may not be 
transferred or conveyed absent approval by the 
Public Utilities Commission and approval by a 
vote of the electors of the City at the election next 
ensuing not less than 90 days after the adoption 
of such ordinance, which shall not go into effect 
until ratified by a majority of the voters voting 
thereon. Voter approval shall not be required for 
sales or transfers of real property declared sur- 
plus to the needs of any utility by the Public 
Utilities Commission or to leases or permits for 
the use of utility real property approved by the 
Public Utilities Commission. (Added November 
2002) 

SEC. 8B.122. GOALS AND OBJECTIVES 
RELATED TO WATER AND CLEAN 
WATER. 

(a) The Commission shall develop, periodi- 
cally update and implement programs to achieve 
goals and objectives consistent with the follow- 
ing: 

(1) Provide water and clean water services 
to San Francisco and water service to its whole- 
sale customers while maintaining stewardship of 
the system by the City; 



(2) Establish equitable rates sufficient to 
meet and maintain operation, maintenance and 
financial health of the system; 

(3) Provide reliable water and clean water 
services and optimize the systems' ability to 
withstand disasters; 

(4) Protect and manage lands and natural 
resources used by the Commission to provide 
utility services consistent with applicable laws 
in an environ-mentally sustainable manner. Op- 
erate hydroelectric generation facilities in a man- 
ner that causes no reasonably anticipated ad- 
verse impacts on water service and habitat; 

(5) Develop and implement priority pro- 
grams to increase and to monitor water conser- 
vation and efficiency system-wide; 

(6) Utilize state-of-the-art innovative tech- 
nologies where feasible and beneficial; 

(7) Develop and implement a comprehen- 
sive set of environmental justice guidelines for 
use in connection with its operations and projects 
in the City; 

(8) Create opportunities for meaningful com- 
munity participation in development and imple- 
mentation of the Commission's policies and pro- 
grams; and 

(9) Improve drinking water quality with a 
goal of exceeding applicable drinking water stan- 
dards if feasible. (Added November 2002) 

SEC. 8B.123. PLANNING AND 
REPORTING. 

(A) Planning and Reporting 

The Public Utilities Commission shall annu- 
ally hold public hearings to review, update and 
adopt: 

(1) A Long-Term Capital Improvement Pro- 
gram, covering projects during the next 10-year 
period; including cost estimates and schedules. 

(2) A Long-Range Financial Plan, for a 10- 
year period, including estimates of operation and 
maintenance expenses, repair and replacement 
costs, debt costs and rate increase requirements. 

(3) A Long-Term Strategic Plan, setting forth 
strategic goals and objectives and establishing 
performance standards as appropriate. 



143 



Public Utilities 



Sec. 8B.125. 



The Capital Improvement Program and Long- 
Range Financial Plan shall serve as a basis and 
supporting documentation for the Commission's 
capital budget, the issuance of revenue bonds, 
other forms of indebtedness and execution of 
governmental loans under this Charter. 

(B) Citizens' Advisory Committee 

The Board of Supervisors, in consultation 
with the General Manager of the Public Utilities 
Commission, shall establish by ordinance a Citi- 
zens' Advisory Committee to provide recommen- 
dations to the General Manager of the Public 
Utilities Commission, the Public Utilities Com- 
mission and the Board of Supervisors. (Added 
November 2002) 



SEC. 8B.124. WATER AND CLEAN 
WATER REVENUE BONDS. 

Notwithstanding, and in addition to, the au- 
thority granted under Charter Section 9.107, the 
Public Utilities Commission is hereby autho- 
rized to issue revenue bonds, including notes, 
commercial paper or other forms of indebted- 
ness, when authorized by ordinance approved by 
a two-thirds vote of the Board of Supervisors, for 
the purpose of reconstructing, replacing, expand- 
ing, repairing or improving water facilities or 
clean water facilities or combinations of water 
and clean water facilities under the jurisdiction 
of the Public Utilities Commission. 

Any legislation authorizing the issuance of 
revenue bonds (except for refunding bonds) un- 
der this section shall be subject to the referen- 
dum requirements of Section 14.102 of this Char- 
ter. The ordinance authorizing the issuance of 
such revenue bonds shall not become effective 
until 30 days after its adoption. 

Notwithstanding any other provision of this 
Charter or of any ordinance of the City and 
County, the Board of Supervisors may take any 
and all actions necessary to authorize, issue and 
repay such bonds, including, but not limited to. 



modifying schedules of rates and charges to 
provide for the pa3rment and retirement of such 
bonds, subject to the following conditions: 

(a) Certification by an independent engi- 
neer retained by the Public Utilities Commission 
that: 

(1) the projects to be financed by the bonds, 
including the prioritization, cost estimates and 
scheduling, meet utility standards; and 

(2) that estimated net revenue after pay- 
ment of operating and maintenance expenses 
will be sufficient to meet debt service coverage 
and other indenture or resolution requirements, 
including debt service on the bonds to be issued, 
and estimated repair and replacement costs. 

(b) Certification by the San Francisco Plan- 
ning Department that facilities under the juris- 
diction of the Public Utilities Commission funded 
with such bonds will comply with applicable 
requirements of the California Environmental 
Quality Act. 

Except as expressly provided in this Charter, 
all revenue bonds may be issued and sold in 
accordance with state law or any procedure pro- 
vided for by ordinance of the Board of Supervi- 
sors. (Added November 2002) 

SEC. 8B.125. RATES. 

Notwithstanding Charter sections 2.109, 3.100 
and 4.102 or any ordinance (including, without 
limitation, Administrative Code Appendix 39), 
the Public Utilities Commission shall set rates, 
fees and other charges in connection with pro- 
viding the utility services under its jurisdiction, 
subject to rejection — within 30 days of submis- 
sion — by resolution of the Board of Supervisors. 
If the Board of Supervisors fails to act within 30 
days the rates shall become effective without 
further action. 

In setting retail rates, fees and charges the 
Commission shall: 

1. Establish rates, fees and charges at lev- 
els sufficient to improve or maintain financial 
condition and bond ratings at or above levels 
equivalent to highly rated utilities of each enter- 
prise under its jurisdiction, meet requirements 
and covenants under all bond resolutions and 



Sec. 8B.125. 



San Francisco - Charter 



144 



indentures, (including, without limitation, in- 
creases necessary to pay for the retail water 
customers' share of the debt service on bonds and 
operating expenses of any state financing author- 
ity such as the Regional Water System Financing 
Authority), and provide sufficient resources for 
the continued financial health (including appro- 
priate reserves), operation, maintenance and re- 
pair of each enterprise, consistent with good 
utility practice; 

2. Retain an independent rate consultant to 
conduct rate and cost of service studies for each 
utility at least every five years; 

3. Set retail rates, fees and charges based 
on the cost of service; 

4. Conduct all studies mandated by appli- 
cable state and federal law to consider imple- 
menting connection fees for water and clean 
water facilities servicing new development; 

5. Conduct studies of rate-based conserva- 
tion incentives and/or lifeline rates and similar 
rate structures to provide assistance to low in- 
come users, and take the results of such studies 
into account when establishing rates, fees and 
charges, in accordance with applicable state and 
federal laws; 

6. Adopt annually a rolling 5-year forecast 
of rates, fees and other charges; and 

7. Establish a Rate Fairness Board consist- 
ing of seven members: the City Administrator or 
his or her designee; the Controller or his or her 
designee; the Director of the Mayor's Office of 
Public Finance or his or her designee; two resi- 
dential City retail customers, consisting of one 
appointed by the Mayor and one by the Board of 
Supervisors; and two City retail business cus- 
tomers, consisting of a large business customer 
appointed by the Mayor and a small business 
customer appointed by the Board of Supervisors. 

The Rate Fairness Board may: 

i. Review the five-year rate forecast; 

ii. Hold one or more public hearings on 
annual rate recommendations before the Public 
Utilities Commission adopts rates; 



iii. Provide a report and recommendations 
to the Public Utilities Commission on the rate 
proposal; and 

iv. In connection with periodic rate studies, 
submit to the Public Utilities Commission rate 
policy recommendations for the Commission's 
consideration, including recommendations to re- 
allocate costs among various retail utility cus- 
tomer classifications, subject to any outstanding 
bond requirements. 

These provisions shall be effective January 3, 
2003 for the setting of retail rates, fees and 
charges related to the clean water system. If the 
voters approve bonds for the Public Utilities 
Commission's Capital Improvement Program at 
the November 5, 2002 election then the provi- 
sions of this section shall take effect on July 2, 
2006 for the setting of retail rates, fees and 
charges related to the water system. If the voters 
do not approve such bonds then this section will 
take effect on January 3, 2003. (Added Novem- 
ber 2002) 

SEC. 8B.126. PERSONNEL AND MERIT 
SYSTEM. 

(a) The General Manager shall be selected 
under the provisions of Charter sections 3.100 
and 4.102. The General Manager may be em- 
ployed under an individual contract. His or her 
compensation shall be comparable to the com- 
pensation of the chief executive officers of the 
public water, wastewater and/or power systems 
in the United States that the Commission, after 
an independent survey, determines most closely 
resemble the Public Utilities Commission in size, 
mission, and complexity. In addition, the Public 
Utilities Commission may provide an incentive 
compensation bonus plan for the General Man- 
ager based on performance goals established by 
the Commission. 

(b) The General Manager may negotiate an 
individual contract with the employee appointed 
to perform the duties of general infrastructure 
management and oversight of the Capital Im- 
provement Program subject to approval by the 
Commission and notwithstanding Charter Sec- 
tion A8.409 et seq. 



145 Public Utilities Sec. 8B.127. 



(c) For purposes of approving individual em- 
ployment contracts the Public Utilities Commis- 
sion may exercise all powers of the City and 
County, the Board of Supervisors, the Mayor, 
and the Director of Human Resources under 
Article XI of this charter. Individual emplo3nnent 
contracts shall utilize and shall not alter or 
interfere with, the Retirement or Vacation pro- 
visions of this Charter or the Health Plans 
established by the City's Health Service Board; 
provided however, that the Commission may 
contribute toward defraying the cost of the 
employee's health premiums and retirement pick- 
up. (Added November 2002) 

SEC. 8B.127. CONTRACTING AND 
PURCHASING. 

Notwithstanding Charter Section 9.118 or 
any ordinance, the Public Utilities Commission 
shall have the sole authority to enter into agree- 
ments for the purchase of water; the sale of 
water to wholesale customers; and agreements 
necessary to implement Joint Powers Agree- 
ments with any wholesale water customer. 

In order to promote labor stability and to 
ensure the Capital Improvement Program is 
completed expeditiously and efficiently, the Pub- 
lic Utilities Commission is authorized, to the 
extent legally appropriate, to enter into project 
labor agreements, with appropriate Building Con- 
struction and Trades Councils, covering signifi- 
cant capital projects. 



San Francisco - Charter 146 



[The next page is 151] 



ARTICLE IX: FINANCIAL PROVISIONS 



Sec. 


9.100. 


Budget Process Ordinances. 


Sec. 


9.101. 


Proposed Annual and 
Multi-Year Budgets. 


Sec. 


9.102. 


Certification of Revenue 
Estimates. 


Sec. 


9.103. 


Adoption of Appropriation 
Ordinances. 


Sec. 


9.104. 


Veto of Appropriations. 


Sec. 


9.105. 


Modifications. 


Sec. 


9.106. 


General Obligation Bonds. 


Sec. 


9.107. 


Revenue Bonds. 


Sec. 


9.108. 


Lease Financing. 


Sec. 


9.109. 


Refunding Bonds. 


Sec. 


9.110. 


Bond Election by Initiative. 


Sec. 


9.111. 


General Authority. 


Sec. 


9.111-1. 


[Repealed] 


Sec. 


9.112. 


Revenue Bonds of the Port 
Commission. 


Sec. 


9.113. 


General Fiscal Provisions. 


Sec. 


9.113.5. 


Rainy Day Reserve. 


Sec. 


9.114. 


Mission-Driven Budget. 


Sec. 


9.115. 


Departmental Budget 
Commitments. 


Sec. 


9.116. 


Departmental Savings and 
Revenue Gains. 


Sec. 


9.117. 


Establishment of Audit 
Committee of the Board of 
Supervisors. 


Sec. 


9.118. 


Contract and Lease Limitations 



SEC. 9.100. BUDGET PROCESS 
ORDINANCES. 

The fiscal year for the City and County shall 
commence on the first day of July of each year 
and shall end on the last day of June of the next 
succeeding year. On or before June 30 of each 
year, the Board of Supervisors shall, except for 
equipment and capital improvements, enact an 
interim appropriation ordinance and not earlier 
than the 15th day of July, nor later than the first 



of August of each year, the Board of Supervisors 
shall adopt the proposed budget as submitted or 
amended and shall adopt the annual appropria- 
tion ordinance accordingly, which shall super- 
sede the interim appropriation ordinance. 

The Mayor shall submit and the Board of 
Supervisors shall act on ordinances with respect 
to the following: 

1 . A schedule and procedures for the orderly 
preparation and submission of the annual pro- 
posed budget and for the review and adoption of 
the necessary interim and final appropriations 
ordinances; 

2. A description of the form of the annual 
proposed budget and appropriation ordinance 
consistent with the financial records required by 
Section 3,105 of this Charter and containing 
information relating the type and extent of ser- 
vices to be delivered or revenues to be generated 
to proposed expenditures in a manner which, to 
the extent feasible, allows comparison of revenue 
trends as well as expected performance and 
expenditures between various fiscal years; 

3. A procedure to include public participa- 
tion in the budgetary process which shall include 
public hearings conducted by the commissions. 
Mayor and the Board of Supervisors; and 

4. The form, content and dates of submis- 
sion of the City's Capital Improvements and 
Facilities Maintenance Budgets. The ordinance 
relating to Capital Improvement and Facilities 
Maintenance shall minimally: 

(a) Require that such budgets be prepared 
for more than a single year; 

(b) Clearly establish distinctions between 
major, long term construction, replacement and 
acquisition projects (Capital Improvements) and 
short term repair, minor replacement and main- 
tenance projects (Facilities Maintenance); 

(c) Be consistent as to the date of submis- 
sion with the time requirements established for 
the submission of the budget and appropriation 
ordinance; and 



151 



Sec. 9.100. 



San Francisco - Charter 



152 



(d) Provide information regarding the esti- 
mated completion schedule for Capital Improve- 
ments, the funding source for each and the 
estimated annual operating costs thereof. 

SEC. 9.101. PROPOSED ANNUAL AND 
MULTI-YEAR BUDGETS. 

The Mayor shall submit to the Board of 
Supervisors each year an annual proposed bud- 
get, ordinances and resolutions fixing wages and 
benefits for all classifications and related appro- 
priation ordinances. 

The annual proposed budget shall include: 

1. Estimated revenues and surpluses from 
whatever sources, to the extent feasible, for the 
forthcoming fiscal year and the allocation of such 
revenues and surpluses to various departments, 
fiuictions and programs to support expenditures. 
Proposed expenditures may include such neces- 
sary and prudent reserves as recommended by 
the Controller; and 

2. A summary of the annual proposed bud- 
get with a narrative description of priorities, 
services to be provided and economic assump- 
tions used in preparing the revenue estimates. 
The summary shall also contain a discussion of 
trends and projections of revenues and expendi- 
tures of the City and County for the subsequent 
four years. 

The annual proposed budget and appropria- 
tion ordinances shall be balanced so that the 
proposed expenditures of each fund do not ex- 
ceed the estimated revenues and surpluses of 
that fund. If the proposed budget contains new 
revenue or fees, the Mayor shall submit to the 
Board of Supervisors the relevant implementing 
ordinances at the same time the annual budget 
is submitted. 

Until the appropriation ordinances are adopted 
by the Board of Supervisors, the Mayor may 
submit to the Board of Supervisors revisions to 
the annual proposed budget, appropriation ordi- 
nances, and ordinances and resolutions fixing 
wages and benefits. 

The Mayor may instruct the Controller to 
prepare the draft appropriation ordinances. 



The Mayor shall file a copy of the annual 
proposed budget at the Main Library and shall 
give notice of the budget summary, including 
making copies available to the public. Upon final 
approval of the budget by both the Board and the 
Mayor, notice shall be given of the final budget 
summary. 

The Board of Supervisors by ordinance may 
require multi-year budget plans and other bud- 
get planning strategies to be performed by the 
several departments and offices of the City and 
County. 

SEC. 9.102. CERTIFICATION OF 
REVENUE ESTIMATES. 

The Mayor shall submit to the Controller for 
review the estimated revenues contained in the 
annual proposed budget and any subsequent 
revisions. The Controller shall then provide the 
Board of Supervisors with an opinion regarding 
the accuracy of economic assumptions underly- 
ing the revenue estimates and the reasonable- 
ness of such estimates and revisions. 

SEC. 9.103. ADOPTION OF 
APPROPRIATION ORDINANCES. 

The Board of Supervisors may amend the 
annual proposed budget and appropriation ordi- 
nances as follows: 

1. After review of the Controller's analysis 
of the Mayor's revenue estimates, the Board of 
Supervisors may reduce estimated revenues; 

2. The Board of Supervisors may increase 
or decrease any proposed expenditure in the 
General Fund or any special, sequestered or 
other fund so long as the aggregate changes do 
not cause the expenditures from each fund to 
exceed the amount proposed for expenditures by 
the Mayor from any such fund; and 

3. The Board of Supervisors may increase 
or decrease any proposed expenditure for Capital 
Improvements. 

SEC. 9.104. VETO OF 
APPROPRIATIONS. 

The Mayor may reduce or reject any expen- 
diture authorized by the Board of Supervisors, 



153 



Financial Provisions 



Sec. 9.107. 



except appropriations for bond interest, redemp- 
tion or other fixed charges, within ten days after 
the adoption of a final annual or supplemental 
appropriations ordinance. Within ten days of 
receipt of the Mayor's veto message, the Board of 
Supervisors may reinstate, in whole or in part, 
any expenditure reduced or rejected by the Mayor 
by a vote of two-thirds of its members. In over- 
riding any Mayoral veto, the Board of Supervi- 
sors shall not cause the aggregate expenditures 
for the General Fund or any special, sequestered 
or other fund in the appropriation ordinances to 
exceed the Mayor's revenue estimate as allo- 
cated to such funds. 

SEC. 9.105. MODIFICATIONS. 

The Board of Supervisors may authorize the 
Controller, upon the request of the Mayor, other 
officials, boards or commissions of the City and 
County to transfer previously appropriated 
amounts within the same fund within the same 
governmental unit without approval of the Board 
of Supervisors. 

Amendments to the appropriations ordi- 
nance, as finally adopted, may be initiated by the 
Mayor or a member of the Board of Supervisors 
and adopted in the same manner as other ordi- 
nances. No amendment to the appropriations 
ordinance may be adopted unless the Controller 
certifies availability of funds. 

Any appropriation contained in an emer- 
gency ordinance shall be deemed to be an amend- 
ment to the final appropriations ordinance. 

SEC. 9.106. GENERAL OBLIGATION 
BONDS. 

The Board of Supervisors is hereby autho- 
rized to provide for the issuance of general obli- 
gation bonds in accordance with the Constitution 
of the State of California. General obligation 
bonds may be issued and sold in accordance with 
state law or any local procedure adopted by 
ordinance. There shall be a limit on outstanding 
general obligation bond indebtedness of three 
percent of the assessed value of all taxable real 
and personal property, located within the City 
and County. 



SEC. 9.107. REVENUE BONDS. 

The Board of Supervisors is hereby autho- 
rized to provide for the issuance of revenue 
bonds. Revenue bonds shall be issued only with 
the assent of a majority of the voters upon any 
proposition for the issuance of revenue bonds, 
except that no voter approval shall be required 
with respect to revenue bonds: 

1 . Approved by three-fourths of all the Board 
of Supervisors if the bonds are to finance build- 
ings, fixtures or equipment which are deemed 
necessary by the Board of Supervisors to comply 
with an order of a duly constituted state or 
federal authority having jurisdiction over the 
subject matter; 

2. Approved by the Board of Supervisors 
prior to January 1, 1977; 

3. Approved by the Board of Supervisors if 
the bonds are to establish a fund for the purpose 
of financing or refinancing for acquisition, con- 
struction or rehabilitation of housing in the City 
and County; 

4. Authorized and issued by the Port Com- 
mission for any Port-related purpose and se- 
cured solely by Port revenues, or authorized and 
issued for any Airport-related purpose and se- 
cured solely by Airport revenues; 

5. Issued for the proposes of assisting pri- 
vate parties and not-for-profit entities in the 
financing and refinancing of the acquisition, con- 
struction, reconstruction or equipping of any 
improvement for industrial, manufacturing, re- 
search and development, commercial and energy 
uses or other facilities and activities incidental 
thereto, provided the bonds are not secured or 
payable from any monies of the City and County 
or its commissions. 

6. Issued for the purpose of the reconstruc- 
tion or replacement of existing water facilities or 
electric power facilities or combinations of water 
and electric power facilities under the jurisdic- 
tion of the Public Utilities Commission, when 
authorized by resolution adopted by a three- 
fourths affirmative vote of all members of the 
Board of Supervisors. 



Sec. 9.107. 



San Francisco - Charter 



154 



7. Approved and authorized by the Board of 
Supervisors and secured solely by an assessment 
imposed by the City. 

8. Issued to finance or refinance the acqui- 
sition, construction, installation, equipping, im- 
provement or rehabilitation of equipment or fa- 
cilities for renewable energy and energy 
conservation. 

Except as expressly provided in this Charter, 
all revenue bonds may be issued and sold in 
accordance with state law or any procedure pro- 
vided for by ordinance. (Amended November 
2001) 

SEC. 9.108. LEASE FINANCING. 

The City and County may enter into lease 
financing agreements only with the assent of the 
majority of the voters voting upon any proposi- 
tion for the authorization of the lease financing. 
As used in this section, lease financing shall 
mean any lease or sublease made between the 
City and County and any public agency or au- 
thority, a non-profit corporation or a retirement 
system for the purpose of financing the acquisi- 
tion, construction or improvement by the City 
and County of real property or equipment. 

The requirements of this section do not apply 
to: 

1. Any lease financing which was approved 
in fact or in principle by a resolution or ordi- 
nance adopted by the Board of Supervisors prior 
to April 1, 1977; provided, that if the resolution 
or ordinance approved the lease financing only in 
principle, the resolution or ordinance must de- 
scribe in general terms the public improvements 
or equipment to be financed; or 

2. The amendment or the refunding of a 
lease financing which is expected to result in net 
savings in rental payments to the City and 
County on a present value basis, calculated as 
provided by ordinance; or 

3. Lease financing involving a nonprofit cor- 
poration established for the purpose of this sub- 
section for the acquisition of equipment, the 
obligations or evidence of indebtedness with re- 
spect to which shall not exceed in the aggregate 
at any point in time a principle amount of $20 



million, such amount to be increased by five 
percent each fiscal year commencing with fiscal 
year 1990-1991; provided, however, that prior to 
each sale of such obligations or evidence of 
indebtedness, the Controller certifies that in his 
or her opinion the net interest cost to the City 
will be lower than other financings involving a 
lease or leases. 

SEC. 9.109. REFUNDING BONDS. 

The Board of Supervisors is hereby autho- 
rized to provide for the issuance of bonds of the 
City and County for the purpose of refunding any 
general obligation or revenue bonds of the City 
and County then outstanding. No voter approval 
shall be required for the authorization, issuance 
and sale of refunding bonds, which are expected 
to result in net debt service savings to the City 
and County on a present value basis, calculated 
as provided by ordinance. 

SEC. 9.110. BOND ELECTION BY 
INITIATIVE. 

Proceedings for the authorization and issu- 
ance of bonds for the acquisition, construction or 
completion of any public utility or utilities may 
be initiated by electors in the following manner: 
Whenever a petition, signed by qualified electors 
of the City and County equal in number to at 
least fifteen percent of the votes cast for all 
candidates for Mayor at the last proceeding 
general municipal election for Mayor, requesting 
the Board of Supervisors to submit to the voters 
of the City and County a proposition or proposi- 
tions for incurring bonded indebtedness for the 
acquisition, construction or completion of any 
public utility or utilities shall be filed with the 
director of elections, the Board of Supervisors 
shall submit to the voters the proposition or 
propositions for incurring bonded indebtedness 
of the City and County for purpose or purposes 
set forth in that petition at the next general 
municipal, statewide or special municipal elec- 
tion. 

SEC. 9.111. GENERAL AUTHORITY. 

Except as otherwise expressly provided in 
this Charter, the City and County and its com- 



155 



Financial Provisions 



Sec. 9.113. 



missions shall have the authority to incur and 
refund indebtedness as provided by and pursu- 
ant to the general laws of the state as such laws 
are in force at the time any indebtedness is 
created or refunded by the City and County or its 
commissions. The Controller certifications re- 
quired by Sections 3.105 and 9.113 shall not 
apply to any indebtedness, financing leases or 
agreements for an exchange of pa3m[ients based 
upon interest rates which are entered into in 
connection with indebtedness or financing leases, 
provided that the Controller first certifies that 
sufficient unencumbered balances are expected 
to be available in the proper fund to meet all 
pajrments under such obligations as they become 
due. (Amended June 2, 1998) 

SEC. 9.111-1. 

(Added June 2, 1998; repealed November 2002) 

SEC. 9.112. REVENUE BONDS OF THE 
PORT COMMISSION. 

The Port Commission shall have the exclu- 
sive power to perform or accomplish issuance of 
revenue bonds for Port-related purposes, as pro- 
vided in Section B7.305 of this Charter. 

SEC. 9.113. GENERAL FISCAL 
PROVISIONS. 

(a) Unused and unencumbered appropria- 
tions or unencumbered balances existing at the 
close of any fiscal year in revenue or expense 
appropriations of the City and County for any 
such fiscal year, but exclusive of revenue or 
money required by law to be held in school, bond, 
bond interest, bond redemption, pension, trust, 
utility or other specific funds, or to be devoted 
exclusively to specified purposes other than an- 
nual appropriations, and together with revenues 
collected or accruing from any source during 
such fiscal year, in excess of the estimated rev- 
enue from such source as shown by the annual 
budget and the appropriation ordinance for such 
fiscal year, shall be transferred by the Controller, 
at the closing of such fiscal year, to the General 
Fund. 



(b) In the event that funds are not available 
to meet authorized expenditures, the Treasurer, 
upon the recommendation of the Controller, is 
authorized to transfer monies among funds held 
by the Treasurer in the pooled funds of the City 
and Comity which are legally available for such 
a purpose, except a pension fund. The Treasurer 
and the Controller shall set the terms and con- 
ditions of the transfer, taking into account the 
requirements and nature of the fund from which 
the transfer was made. All monies transferred 
pursuant to this Section shall accrue interest at 
not less than the then current rate of interest 
earned by the Treasurer on the pooled funds of 
the City and County. In no event shall the 
Controller or the Treasurer cause any transfer of 
monies pursuant to this Section if said transfer 
would be inconsistent with the terms and condi- 
tions of any outstanding bonded indebtedness of 
the City and County, including any of its boards 
or commissions. 

(c) In the event the Mayor or a member of 
the Board of Supervisors recommends a supple- 
mental appropriation ordinance after the adop- 
tion of the budget for any fiscal year and prior to 
the close of the fiscal year containing any item 
which had been rejected by the Mayor in his/her 
review of departmental budget estimates for the 
fiscal year or which had been rejected by the 
Board of Supervisors in its consideration of the 
Mayor's proposed budget for the fiscal year, it 
shall require a vote of two-thirds of all members 
of the Board of Supervisors to approve such 
supplemental appropriation ordinance. 

(d) No ordinance or resolution for the expen- 
diture of money, except the annual appropriation 
ordinance, shall be passed by the Board of Su- 
pervisors unless the Controller first certifies to 
the Board that there is a sufficient unencum- 
bered balance in a fund that may legally be used 
for such proposed expenditure, and that, in the 
judgment of the Controller, revenues as antici- 
pated in the appropriation ordinance for such 
fiscal year and properly applicable to meet such 
proposed expenditures will be available in the 
treasury in sufficient amount to meet the same 
as it becomes due. 



Sec. 9.113. 



San Francisco - Charter 



156 



(e) The Board of Supervisors shall have the 
power to borrow money by the issuance of tax 
anticipation notes, temporary notes, commercial 
paper, or any other short-term debt instruments 
in the manner provided by state law or City 
ordinance. 

(f) Annual appropriations shall expire at 
the end of the fiscal year and the City shall have 
no authority to expend funds from such appro- 
priations unless and until the Board of Supervi- 
sors adopts a new budget, interim budget, or 
supplemental appropriation for such expendi- 
tures. 

(g) No City monies shall be drawn from the 
treasury of the City and County, nor shall any 
obligation for the expenditure of any money be 
incurred, except in pursuance of appropriations 
or transfers made as provided in the Charter and 
the Administrative Code. (Amended November 
2003) 

SEC. 9.113.5. RAINY DAY RESERVE. 

(a) There shall be a Rainy Day Reserve (the 
Reserve), which may also be known as an eco- 
nomic stabilization reserve. 

Allocations to the Reserve 

(b) If the Controller projects that total Gen- 
eral Fund revenues for the upcoming budget 
year will exceed total General Fund revenues for 
the current year by more than five percent, the 
budget shall allocate the anticipated General 
Fund revenues in excess of that five percent 
growth (the excess revenues) as follows: 

(i) 50 percent of the excess revenues to the 
Reserve; 

(ii) 25 percent of the excess revenues to capi- 
tal and other one-time expenditures; and, 

(iii) 25 percent of the excess revenues to any 
lawful governmental purpose. 

(c) Total monies in the Reserve may not 
exceed 10 percent of actual total general fund 
revenues, as stated in the City's most recent 
independent annual audit. The budget shall al- 
locate excess revenues that would otherwise be 
allocated to the Reserve above the 10 percent cap 
instead to capital and other one-time expendi- 
tures. 



(d) The Mayor and the Board of Supervisors 
may, at any time, appropriate monies from the 
capital and other one-time expenditures alloca- 
tion for capital projects or for expenditures such 
as, but not limited to, acquisition of equipment 
or information systems. 

(e) The Mayor and the Board of Supervisors 
may, at any time, appropriate monies from the 
general purpose allocation for any lawful govern- 
mental purpose. 

Withdrawals from the Reserve 

(f) If the Controller projects that total Gen- 
eral Fund revenues for the upcoming budget 
year will be less than the current year's total 
General Fund revenues, or the highest of any 
other previous year's total General Fund rev- 
enues, the budget may appropriate up to 50 
percent of the current balance in the Reserve, 
but no more than the shortfall in total General 
Fund revenues, for any lawful governmental 
purpose in the upcoming budget year. 

(i) If the trigger for withdrawals from the 
Reserve was not met in the current year, 
the Controller shall calculate the shortfall 
for the upcoming budget year by subtract- 
ing the total projected General Fund rev- 
enues for the upcoming budget year from 
the total projected General Fund rev- 
enues for the current year. 

(ii) If the trigger for withdrawals from the 
Reserve was met in the current year, the 
shortfall shall be calculated by subtract- 
ing the total projected General Fund rev- 
enues for the upcoming budget year from 
the highest of any previous year's total 
General Fund revenues, plus two percent 
for each intervening year. 

Adjustments 

(g) If the City made appropriations from the 
Reserve in the current year and in the immedi- 
ately preceding budget year pursuant to subsec- 
tion (f), the City is not required to allocate any 
anticipated excess revenues to the Reserve or to 
capital and other one-time expenditures for the 
upcoming budget year. 



157 



Financial Provisions 



Sec. 9.114. 



(h) If the Controller projects that the Con- 
sumer Price Index for the upcoming budget year 
shall exceed the index for the current year by 
more than five percent, the trigger for alloca- 
tions to the Reseive as set forth in Subparagraph 
(b) above shall instead be the percentage of 
growth in the index plus two percent. If the 
Controller projects that the Consumer Price In- 
dex for the upcoming budget year shall be less 
than the index for the current year, the trigger 
for withdrawals from the Reserve as set forth in 
Subparagraph (f) above shall instead be the 
percentage of negative growth in the index. The 
Controller shall use for these purposes the San 
Francisco All Items Consumer Price Index for All 
Urban Consumers (CPI-U), or its successor, as 
reported by the U.S. Department of Labor's Bu- 
reau of Labor Statistics. 

(i) If the Board of Supervisors or the voters 
take an action that changes the amount of total 
General Fund revenues in any material manner, 
such as reducing a tax or imposing a new fee, the 
revenue changes caused by that action will not 
be counted as part of the triggers for allocations 
to or withdrawals from the Reserve during the 
year or years in which the action is first imple- 
mented. 

(j) In conjunction with the year-end close of 
the budget, the Controller shall reconcile the 
revenue projections triggering any budgeted al- 
locations to or withdrawals from the Reserve 
with actual revenue results, as stated in the 
City's independent annual audit for the years in 
question, and rebalance the Reserve, the capital 
and other one-time expenditures allocation, and 
the general purpose allocation accordingly. 

Withdrawals for the Benefit of the Unified 
School District 

(k) If the Controller projects that inflation- 
adjusted per-pupil revenues for the San Fran- 
cisco Unified School District will be reduced in 
the upcoming budget year and the School Dis- 
trict has noticed a significant number of layoffs, 
the Board of Supervisors and the Mayor may, in 
their discretion, appropriate funds from the Re- 
serve to the School District to offset the costs of 
maintaining education during the upcoming bud- 



get year. Such appropriations may not exceed the 
dollar value of the total decline in inflation- 
adjusted per-pupil revenues for the year, or 25 
percent of the Reserve balance, whichever is 
lower. If the triggers for withdrawals from the 
Reserve for the benefit of the School District 
were met in the current year, the decline in 
per-pupil revenues shall be calculated by sub- 
tracting the inflation-adjusted per-pupil rev- 
enues for the upcoming budget year from the 
highest of any previous year's inflation-adjusted 
per-pupil revenues, plus two percent for each 
intervening year. 

Transition 

(1) On the effective date of this Section, the 
Controller shall transfer all monies in the City's 
Cash Reserve to the Rainy Day Reserve. 

(m) For purposes of initial implementation 
of this Section, the Mayor and the Board of 
Supervisors may make appropriations from the 
Reserve for the 2004-2005 budget year and sub- 
sequent years if the Controller certifies that the 
trigger for withdrawal in subsection (f) would 
have been met during the 2003-2004 budget 
year, if this Section had been in effect at that 
time; provided, however, that the City shall not 
be required to make allocations of any antici- 
pated excess revenues to the Reserve or to capi- 
tal and other one-time expenditures for the 2004- 
2005 budget year. (Added November 2003) 

SEC. 9.114. MISSION-DRIVEN BUDGET. 

Each departmental budget shall describe each 
proposed activity of that department and the 
cost of that activity. In addition, each depart- 
ment shall provide the Mayor and the Board of 
Supervisors with the following details regarding 
its budget: 

1. The overall mission and goals of the 
department; 

2. The specific programs and activities con- 
ducted by the department to accomplish its mis- 
sion and goals; 

3. The customer(s) or client(s) served by the 
department; 



Sec. 9.114. 



San Francisco - Charter 



158 



4. The service outcome desired by the cus- 
tonier(s) or cHent(s) of the department's pro- 
grams and activities; 

5. Strategic plans that guide each program 
or activity; 

6. Productivity goals that measure progress 
toward strategic plans; 

7. The total cost of carrying out each pro- 
gram or activity; and 

8. The extent to which the department 
achieved, exceeded or failed to meet its missions, 
goals, productivity objectives, service objectives, 
strategic plans and spending constraints identi- 
fied in subsections (1) through (6) during the 
prior year. 

Departmental budget estimates shall be pre- 
pared in such form as the Controller, after con- 
sulting with the Mayor, directs in writing. 

SEC. 9.115. DEPARTMENTAL BUDGET 
COMMITMENTS. 

It shall be the duty of each officer, depart- 
ment head, board or commission ultimately re- 
sponsible for the management of each depart- 
ment to certify to the Mayor and the Board of 
Supervisors his/her commitment to perform the 
programs and activities with specified levels of 
performance for specified costs as outlined in the 
budget description and other information re- 
quired by Section 9.114. 

SEC. 9.116. DEPARTMENTAL SAVINGS 
AND REVENUE GAINS. 

Within 30 days of the Controller's issuance of 
the combined annual financial report of the City 
and County, the Controller shall report to the 
Mayor and Board of Supervisors regarding the 
extent to which each department in the prior 
fiscal year has recovered additional revenues 
measured by the difference between projected 
and experienced revenues. It shall be City policy 
for the Mayor and Board of Supervisors, upon 
receipt of this report, through the supplemental 
appropriations process to give serious consider- 
ation to rewarding those departments that the 
Controller has certified pursuant to this section 



exceeded their revenue goals or met or exceeded 
departmental operational goals expending less 
than has been projected in the budget. 

SEC. 9.117. ESTABLISHMENT OF AUDIT 
COMMITTEE OF THE BOARD OF 
SUPERVISORS. 

On or before the operative date of this Char- 
ter and until this requirement is changed by the 
Board of Supervisors, the Board of Supervisors 
shall establish through its rules an Audit Com- 
mittee. 

The Audit Committee shall: 

1. Maintain a direct and separate line of 
communication between the Board of Supervi- 
sors and the City and County's independent 
auditor; 

2. Meet with the independent auditor to 
review the audited annual financial statement 
and the auditor's report on such matters as the 
quality and depth of management and compli- 
ance; 

3. Recommend appropriate action to be taken 
by the Board of Supervisors to implement recom- 
mendations contained in the audit report; 

4. Follow up, as necessary, to ensure that 
approved recommendations are promptly imple- 
mented; and 

5. Perform other duties as assigned by the 
Board of Supervisors. 

SEC. 9.118. CONTRACT AND LEASE 
LIMITATIONS. 

(a) Unless otherwise provided for in this 
Charter, contracts entered into by a department, 
board or commission having anticipated revenue 
to the City and County of one million dollars or 
more, or the modification, amendment or termi- 
nation of any contract which when entered into 
had anticipated revenue of one million dollars or 
more, shall be subject to approval of the Board of 
Supervisors by resolution. 

(b) Unless otherwise provided for in this 
Charter, £ind with the exception of construction 
contracts entered into by the City and County, 
any other contracts or agreements entered into 
by a department, board or commission having a 



159 Financial Provisions Sec. 9.118. 



term in excess of ten years, or requiring antici- 
pated expenditures by the City and County often 
million dollars, or the modification or amend- 
ments to such contract or agreement having an 
impact of more than $500,000 shall be subject to 
approval of the Board of Supervisors by resolu- 
tion. 

(c) Unless otherwise provided for in this 
Charter, any lease of real property for a period of 
ten or more years, including options to renew, or 
having anticipated revenue to the City and County 
of one million dollars or more; the modification, 
amendment or termination of any lease, which 
when entered into was for a period often or more 
years, including options to renew, or had antici- 
pated revenue to the City and County of one 
million dollars or more; and any sale or other 
transfer of real property owned by the City and 
County, shall first be approved by resolution of 
the Board of Supervisors. Leases of property 
under the jurisdiction of the Port Commission for 
maritime use shall be exempt from the require- 
ments of this section. (Amended November 1997) 



San Francisco - Charter 160 



[The next page is 171] 



ARTICLE X: PERSONNEL ADIVONISTRATION 



Sec. 10.100. Civil Service Commission. 
Sec. 10.101. General Powers and Duties. 
Sec. 10.102. Department of Human 

Resources. 
Sec. 10.103. Human Resources Director. 
Sec. 10.104. Exclusions from Civil Service 

Appointment. 
Sec. 10.105. Provisional Appointments. 

SEC. 10.100. CIVIL SERVICE 
COMMISSION. 

There is hereby established a Civil Service 
Commission which is charged with the duty of 
providing qualified persons for appointment to 
the service of the City and County. 

The Commission shall consist of five mem- 
bers appointed by the Mayor, pursuant to Sec- 
tion 3.100, for six-year terms. Not less than two 
members of the Commission shall be women. 

The persons so appointed shall, before taking 
office, make under oath and file in the office of 
the County Clerk the following declaration: "I 
am opposed to appointments to the public service 
as a reward for political activity and will execute 
the office of Civil Service Commissioner in the 
spirit of this declaration." 

A commissioner may be removed only upon 
charges preferred in the same manner as in this 
Charter provided for elective officers. 

The regular meetings of the Conmiission shall 
be open to the public and held at such a time as 
will give the general public and employees of the 
City and County adequate time within which to 
appear before the Commission after the regular 
daily working hours of 8:00 a.m. to 5:00 p.m. 
Such person or persons shall be given an oppor- 
tunity to be heard by the Commission before 
final action is taken in any case involving such 
person or persons. 

SEC. 10.101. GENERAL POWERS AND 
DUTIES. 

The Civil Service Commission shall adopt 
rules, policies and procedures to carry out the 



civil service merit system provisions of this char- 
ter and, except as otherwise provided in this 
Charter, such rules shall govern applications; 
examinations; eligibility; duration of eligible lists; 
certification of eligibles; leaves of absence for 
employees and officers; appointments; promo- 
tions; transfers; resignations; lay-offs or reduc- 
tion in force, both permanent and temporary, due 
to lack of work or funds, retrenchment or comple- 
tion of work; the designation and filling of posi- 
tions, as exempt, temporary, provisional, part- 
time, seasonal or permanent; status and status 
rights; probationary status and the administra- 
tion of probationary periods, except duration; 
pre-emplo37ment and fitness for duty medical 
examinations, except for the conditions under 
which referrals for fitness for duty examinations 
will be made, and the imposition of new require- 
ments; classification; conflict of interest; and 
such other matters as are not in conflict with this 
Charter; provided, however, that the minimum 
rule for the certification of eligibles shall be the 
Rule of Three Scores, and provided further that 
rules for leave due to illness or disability shall be 
approved by the Board of Supervisors. Changes 
to the rules may be proposed by members of the 
Commission, the Executive Assistant or the Hu- 
man Resources Director and approved or re- 
jected by the Commission. The Commission may, 
upon ten days' notice, make changes in the rules, 
which changes shall thereupon be printed and be 
in force; provided that no such changes in rules 
shall affect a case pending before the Commis- 
sion. 

The Commission shall have power to insti- 
tute and prosecute legal proceedings for viola- 
tions of any civil service merit system or Depart- 
ment of Human Resources provisions of this 
Charter. 

The Commission shall establish an inspec- 
tion service for the purpose of investigating the 
conduct or an action of appointees in all positions 
and of securing records of service for promotion 



171 



Sec. 10.101. 



San Francisco - Charter 



172 



and other purposes. All departments shall coop- 
erate with the Commission in making its inves- 
tigations and any person hindering the Commis- 
sion or its agents shall be subject to suspension. 

The Commission shall by rule establish pro- 
cedures to review and resolve allegations of 
discrimination as defined in Article XVII of this 
Charter or otherwise prohibited nepotism or 
favoritism appealed to it pursuant to this sec- 
tion. The determination reached under Commis- 
sion procedures shall be final and shall forthwith 
be enforced by every employee and officer. 

The Commission shall have the power to 
inquire into the operation of the civil service 
merit system to ensure compliance with merit 
principles and rules established by the Commis- 
sion. After such inquiry, the Commission may 
direct the Human Resources Director to take 
such action as the Commission believes neces- 
sary to carry out the civil service provisions of 
this Charter. In any hearing conducted by the 
Commission or by any hearing officer it appoints 
pursuant to this section, the Commission or the 
hearing officer shall have the power to subpoena 
and require the attendance of witnesses and the 
production of records. 

The Commission may require periodic re- 
ports from the Human Resources Director in a 
manner and form which it shall prescribe. 

The Commission may hear appeals from an 
action of the Human Resources Director in ac- 
cordance with its rules, including but not limited 
to: 

1. Allegations of discrimination as defined 
in Article XVII of this Charter. Notwithstanding 
any other provisions of this Charter except the 
fiscal provisions hereof, the decision of the Com- 
mission regarding allegations of discrimination 
shall forthwith be enforced by every officer and 
employee; 

2. Allegations of fraud; and 

3. Allegations of conflict of interest. 

No action by the Human Resources Director 
which is the subject of any appeal shall be stayed 
during the appeal process except by a majority 
vote of the Civil Service Commission. 



The Commission shall have the power and it 
shall be its duty to appoint an executive assis- 
tant to be the administrative head of the affairs 
under its control who shall serve at its pleasure; 
provided, however, that any person who has 
Civil Service status in the position of executive 
assistant to the Commission on the effective date 
of this section as amended shall continue to have 
Civil Service status in the position of executive 
assistant under the Civil Service provisions of 
this Charter. The executive assistant shall peri- 
odically report to the Commission on operation of 
the civil service merit system and may make 
recommendations to the Civil Service Commis- 
sion regarding its rules, policies and procedures. 

SEC. 10.102. DEPARTMENT OF HUMAN 
RESOURCES. 

The Department of Human Resources shall 
consist of a Hmnan Resources Director and such 
employees as may be necessary to carry out its 
fimctions and duties. 

Pursuant to and in accordance with policies, 
rules and procedures of the Civil Services Com- 
mission governing the merit system, the Depgirt- 
ment of Human Resources shall be the personnel 
department for the City and County and shall 
determine appointments on the basis of merit 
and fitness as shown by appropriate test and, 
except as specifically set forth in this Charter, 
shall perform all tests, duties and functions 
previously performed by the Civil Service Com- 
mission, including but not limited to authority to 
recruit, select, certify, appoint, train, evaluate, 
promote career development, classify positions, 
administer salaries, administer employee disci- 
pline, discharge and other related personnel ac- 
tivities in order to maintain an effective and 
responsive work force. 

The Department of Human Resources shall 
be responsible for coordination of all state, local 
and federal health and safety mandates, pro- 
grams and requirements relating to employees 
including but not limited to industrial hygiene 
programs, health and safety programs, OSHA 
compliance and return to work programs. De- 



173 



Personnel Administration 



Sec. 10.103. 



partment heads shall coordinate such activities 
of employees under their jurisdiction with the 
Human Resources Director. 

The Department of Human Resources shall 
be responsible for policy, management and ad- 
ministration of the worker's compensation pro- 
gram and shall review and determine all appli- 
cations for disability leave. 

Subject to Section 11.100 hereof, the Depart- 
ment of Human Resources shall be responsible 
for management and administration of all labor 
relations of the City and County. 

Except for the purpose of inquiry, the Mayor 
shall deal with the administration of the civil 
service merit system solely through the Human 
Resources Director and the Civil Service Com- 
mission or their designees. The Mayor shall not 
dictate, suggest or interfere with the merit sys- 
tem activities of the Civil Service Commission or 
Human Resources Department. Administrative 
matters shall be dealt with only in the manner 
provided by this Charter, and any dictation, 
suggestion or interference herein prohibited shall 
constitute official misconduct; provided that noth- 
ing herein contained shall restrict the power of 
hearing and inquiry as provided in this Charter. 
(Amended November 2004) 



SEC. 10.103. 
DIRECTOR. 



HUMAN RESOURCES 



A Human Resources Director shall be se- 
lected by the Mayor from candidates nominated 
by the Civil Service Commission and confirmed 
by vote of the Board of Supervisors. The Human 
Resources Director shall possess not less than 
ten years professional experience in personnel, 
human resources management, labor or em- 
ployee relations at least five years of which must 
be in federal, state or local governmental person- 
nel management and such other qualifications 
as determined by the Commission. Notwithstand- 
ing any other provisions of this Charter, the 
Human Resources Director shall be appointed by 
and serve at the pleasure of the Mayor, provided 
that the Mayor's removal of the Human Re- 
sources Director may be rejected by a four-fifths 
vote of the Commission. Failure of the Commis- 



sion to act within 30 days shall be deemed 
approval of the Mayor's action. The nominee of 
the Mayor may be appointed acting Human 
Resources Director pending confirmation. The 
person so appointed shall, before taking office, 
make under oath and file in the Office of the 
County Clerk the following declaration: "I am 
opposed to appointments to the public service as 
a reward for political activity and will execute 
the Office of Human Resources Director in the 
spirit of this declaration." 

The appointment of the Director of the Hu- 
man Resources Department as of the effective 
date of this Charter shall be effective until July 
1, 1996, after which time he may be reappointed 
to the position in accordance with the appoint- 
ment method provided herein. 

The Human Resources Director shall have 
full power to administer the affairs of the De- 
partment. He or she shall have all powers of a 
department head and may appoint a Director of 
Employee Relations, an executive assistant and 
one confidential secretary, each of whom shall be 
exempt from the civil service provisions of this 
Charter, to assist in the administration and 
management of the functions of the department. 

The Human Resources Director shall review 
and resolve allegations of discrimination as de- 
fined in Article XVTI of this Charter against 
employees or applicants, or otherwise prohibited 
nepotism or favoritism. Notwithstanding any 
other provisions of this Charter except the fiscal 
provisions hereof, the decision of the Human 
Resources Director shall forthwith be enforced 
by every employee and officer, unless the deci- 
sion is appealed to the Commission in accor- 
dance with Section 10.101. 

The Human Resources Director shall inves- 
tigate all employee complaints concerning job- 
related conduct of City and County employees 
and shall promptly report to the source of the 
complaint. 

The Human Resources Director shall pro- 
mote effective and efficient management through 
personnel programs that encourage productivity, 
job satisfaction and exemplary performance. 



Sec. 10.103. 



San Francisco - Charter 



174 



The Human Resources Director shall provide 
a procedure for resolution of employee disputes 
which shall be consistent with other provisions 
of this Charter and shall be utilized by all 
department heads and appointing officers in the 
absence of an applicable grievance procedure in 
a binding labor agreement. 

The Human Resources Director shall verify 
that all persons whose names appear on City and 
County payrolls have been legally appointed to 
or employed in positions legally established un- 
der this Charter. The Controller shall not draw 
his or her warrant for any claim for salary, wages 
or compensation which has been disapproved by 
the Human Resources Director. 

Consistent with the foregoing and other ap- 
plicable provisions of this Charter, the Human 
Resources Director may delegate to the various 
appointing officers appropriate personnel respon- 
sibilities, and shall consult with appointing offi- 
cers with respect to Civil Service Commission 
rules affecting their operations. 

The Human Resources Director shall estab- 
lish a system of job classification. The decision of 
the Human Resources Director regarding classi- 
fication matters shall be final unless appealed to 
the Commission; provided, however, that noth- 
ing herein shall be construed to alter the scope of 
bargaining set forth in the following sections of 
the 1932 Charter: 8.400, 8.403, 8.404, 8.405, 
8.407-1, 8.409 et seq. and 8.590-1 et seq. 

The allocation or reallocation of a position 
shall not adversely affect the civil service rights 
of an occupant regularly holding such position. 
No person shall hold a position outside of the 
classification to which the person has been ap- 
pointed, provided that every employee of any 
department or office shall discharge any of the 
duties pertaining to such department or office to 
which the employee's department head may tem- 
porarily assign the employee. (Amended Novem- 
ber 2004) 

SEC. 10.104. EXCLUSIONS FROM CIVIL 
SERVICE APPOINTMENT. 

All employees of the City and County shall be 
appointed through competitive examination un- 



less exempted by this Charter. The following 
positions shall be exempt from competitive civil 
service selection, appointment and removal pro- 
cedures, and the person serving in the position 
shall serve at the pleasure of the appointing 
authority: 

1. All supervisory and policy-level positions 
within the office of the Mayor and the office of 
the City Administrator; 

2. All elected officers of the City and County 
and their chief deputies or chief assistants; 

3. All members of commissions, boards and 
advisory committees; 

4. Not more than one commission secretary 
for each commission or board; 

5. All heads of agencies and departments, 
unless otherwise provided for herein; 

6. All non-uniformed deputy heads of de- 
partments; 

7. All uniformed deputy heads of depart- 
ments, police commanders and Fire Chiefs aides; 

8. Not move than one confidential secretary 
and executive assistant in each department and 
agency; 

9. The Clerk of the Board of Supervisors, 
legislative analyst and assistants to the mem- 
bers of the Board of Supervisors. 

10. All paraprofessional aides of the Uni- 
fied School District and teaching instructional 
aides of the Community College District; 

11. Persons employed in positions outside 
the City and County upon construction work 
being performed by the City and County when 
such positions are exempted from the classified 
civil service by an order of the civil service 
commission; 

12. Persons employed in positions in any 
department for expert professional temporary 
services, when such positions are exempted from 
said classified civil service for a specified period 
of said temporary service by order of the civil 
service commission. 

The proportion of full-time employees in the 
above exempt categories to the total number of 
civil service employees of the City and County 
shall not be greater than such proportion as 



175 



Personnel Administration 



Sec. 10.105. 



existed on July 1, 1994, unless modified by Civil 
Service Commission rule, approved by the Board 
of Supervisors. 

13. All attorneys, including an attorney to 
the Sheriff and an attorney for the Tax Collector, 
City Attorney's and District Attorney's investiga- 
tors, hospital chief administrators, physicians 
and dentists serving in their professional capac- 
ity (except those physicians and dentists whose 
duties are significantly administrative or super- 
visory); 

14. The law librarian, assistant law librar- 
ians, bookbinder of the Law Library, purchaser, 
curators. Assistant Sheriff, Deputy Port Direc- 
tor, Chief of the Bureau of Maritime Affairs, 
Director of Administration and Finance of the 
Port, Port Sales Manager, Port Traffic Manager, 
Chief Wharfinger, Port Commercial Property Man- 
ager, Actuary of the Employee's Retirement Sys- 
tem, Director of the Zoo, Chief Veterinarian of 
the Zoo, Director of the Arboretum and Botanical 
Garden, Director of Employee Relations, Health 
Service Administrator, Executive Assistant to 
the Human Services Director, and any other 
positions designated as exempt under the 1932 
Charter, as amended; 

15. Positions determined by the Controller 
and approved annually by the Board of Supervi- 
sors to be positions where the work or services 
can be practically performed under private con- 
tract at a lesser cost than similar work per- 
formed by employees of the City and County, 
except where such work or services are required 
to be performed by officers or employees of the 
City and County under the provisions of this 
Charter or other applicable law. 

In addition, with the approval of the Civil 
Service Commission, exempt employees shall 
include: 

16. Temporary and seasonal appointments 
not to exceed the equivalent of half-time during 
any fiscal year, except that such positions may be 
filled through regular civil service procedures; 

17. Appointments, which shall not exceed 
two years and shall not be renewable, as substi- 
tutes for civil service employees on leave, except 
that such positions may be filled through regular 
Civil Service procedures; 



18. Appointments, which shall not exceed 
three years and shall not be renewable, for 
special projects and professional services with 
limited term funding, except that such positions 
may be filled through regular civil service proce- 
dures; and 

19. Entry level positions designated by an 
appointing officer with approval of the Civil 
Service Commission for persons who met mini- 
mum qualifications and are certified as blind or 
severely disabled; persons so appointed whose 
job performance is rated satisfactory by their 
appointing officer shall after one year of continu- 
ous service acquire Civil Service status. 

SEC. 10.105. PROVISIONAL 
APPOINTMENTS. 

Provisional appointments for classified posi- 
tions for which no eligible list exists shall not 
exceed three years. Provisional appointments 
may only be renewed with the approval of the 
Board of Supervisors and upon certification by 
the Human Resources Director that for reasons 
beyond his or her control the Department has 
been unable to conduct examinations for these 
positions. 



San Francisco - Charter 176 



[The next page is 187] 



ARTICLE XI: EMPLOYER-EMPLOYEE RELATIONS SYSTEM 



Sec. 11.100. General. 

Sec. 11.101. Employee Relations Office. 

SEC. 11.100. GENERAL. 

Subject to this Charter and consistent with 
state law, the Mayor through the Human Re- 
sources Director or his/her designee and in con- 
sultation with the Board of Supervisors shall be 
responsible for meeting and conferring with em- 
ployees or their recognized employee organiza- 
tions regarding salaries, working conditions, ben- 
efits and other terms and conditions of 
employment to be embodied in memoranda of 
understanding. The Human Resources Director 
shall assume day-to-day administration of all 
labor relations responsibilities previously vested 
in the Mayor or Board of Supervisors. 

The Human Resources Director shall submit 
proposed memoranda of understanding includ- 
ing, where applicable, schedules of compensa- 
tion, benefits and working conditions to the 
Mayor, who upon approval shall forward the 
proposed memoranda of understanding to the 
Board of Supervisors for determination by a 
majority vote. The Board of Supervisors shall 
have the power to accept or reject such memo- 
randa of understanding. It shall be the duty of 
the Board of Supervisors, upon approval of any 
such memoranda of understanding to enact ap- 
propriate ordinances authorizing pa3nnent of any 
compensation or benefits or other terms and 
conditions of employment so approved. 

Nothing in this section shall supersede any 
dates specified in this Charter for fixing compen- 
sation, except that the Board of Supervisors by 
motion may extend up to 30 days the date for 
final adoption of ordinances approving salary 
and benefits pursuant to such sections. Should 
the Board of Supervisors reject any memoran- 
dum of understanding and/or schedule of com- 
pensation and benefits, the Board of Supervisors 
shall by motion simultaneously extend by 60 



days the date for final adoption of ordinances 
approving salary, benefits and/or working condi- 
tions pursuant to .such sections. 

SEC. 11.101. EMPLOYEE RELATIONS 
OFFICE. 

The Human Resources Director shall: 

1. Represent the City and County and/or its 
departments in the implementation of those pro- 
visions of Title I, Division 4, Chapter 10 of the 
Government Code applicable to the City and 
County, subject to the Mayor's authority under 
Charter Section 11.100; 

2. Coordinate the meet and confer process 
between the City and County, its employees 
and/or their designated representatives; 

3. Negotiate and administer memoranda of 
understanding; and 

4. Perform related duties necessary to ad- 
minister the employee relations functions of the 
City and County. 



187 



San Francisco - Charter 188 



[The next page is 195] 



ARTICLE XII: EMPLOYEE RETIREMENT AND HEALTH SERVICE SYSTEMS 



Sec. 12.100. Retirement Board. 

Sec. 12.101. Executive Director. 

Sec. 12.102. Hearing Officer. 

Sec. 12.103. Trust Fund. 

Sec. 12.200. Health Service Board. 

Sec. 12.201. Medical Director and Health 

Services Administrator. 
Sec. 12.202. Membership in Health Service 

System. 
Sec. 12.203. Health Service System Fund. 

SEC. 12.100. RETIREMENT BOARD. 

The Retirement Board shall consist of seven 
members as follows: one member of the Board of 
Supervisors appointed by the President, three 
public members to be appointed by the Mayor 
pursuant to Section 3.100, and three members 
elected by the active members and retired per- 
sons of the Retirement System from among their 
number. The public members appointed by the 
Mayor shall be experienced in life insurance, 
actuarial science, employee pension planning or 
investment portfolio management, or hold a de- 
gree of doctor of medicine. There shall not be, at 
any one time, more than one retired person on 
the Board. The term of the members, other than 
the Board of Supervisors member, shall be five 
years, one term expiring on February 20th of 
each year. The three elected members need not 
be residents of the City and County. Vacancies on 
the Board shall be filled by the Mayor for the 
remainder of the unexpired term, except that in 
the case of elected employee members, a vacancy 
shall be filled by a special election within 120 
days after the vacancy occurs unless the next 
regularly scheduled employee member election 
is to be held within six months after such va- 
cancy occurred. Elections shall be conducted by 
the Director of Elections in a manner prescribed 
by ordinance. 

The Board shall appoint and may remove an 
executive director and an actuary. The Board 
may employ a consulting actuary. 



In accordance with Article XVI, Section 17, of 
the California Constitution, the Retirement Board 
shall have plenary authority and fiduciary re- 
sponsibility for investment of monies and admin- 
istration of the Retirement System. 

The Board shall be the sole authority and 
judge, consistent with this Charter and ordi- 
nances, as to the conditions under which mem- 
bers of the Retirement System may receive and 
may continue to receive benefits under the Re- 
tirement System, and shall have exclusive con- 
trol of the administration and investment of such 
funds as may be established. 

The Retirement Board shall discharge its 
duties with respect to the system with the care, 
skill, prudence and diligence under the circum- 
stances then prevailing that a prudent person 
acting in a like capacity and familiar with these 
matters would use in the conduct of an enter- 
prise of a like character and with like aims. 

The Board shall determine City and County 
and District contributions on the basis of a 
normal contribution rate which shall be com- 
puted as a level percentage of compensation 
which, when applied to the future compensation 
of the average new member entering the System, 
together with the required member contribution, 
will be sufficient to provide for the payment of all 
prospective benefits of such member. The portion 
of liability not provided by the normal contribu- 
tion rate shall be amortized over a period not to 
exceed twenty years. 

The Board may act by a majority of the 
members present at a meeting so long as a 
quorum is in attendance. 

SEC. 12.101. EXECUTIVE DIRECTOR. 

The executive director shall administer the 
Retirement System in accordance with the pro- 
visions of this Charter and the policies and 
regulations of the Retirement Board. 



195 



Sec. 12.102. 



San Francisco - Charter 



196 



SEC. 12.102. HEARING OFFICER. 

Any application for retirement or death al- 
lowance made pursuant to this Charter shall be 
heard by a hearing officer employed under con- 
tract by the Retirement Board and selected by 
procedures set forth in its rules, which shall 
include rules setting forth the qualifications and 
selection procedure necessary to appoint a quali- 
fied and unbiased hearing officer. Following pub- 
lic hearing, the hearing officer shall determine 
whether such application shall be granted or 
denied. All expenses related to processing and 
adjudicating such applications shall be paid from 
the Trust Fund. 

At any time within 30 days after the service 
of the hearing officer's decision, the applicant or 
any other affected party, including the Retire- 
ment System, may petition the hearing officer 
for a rehearing upon one or more of the following 
grounds and no other: 

1. That the hearing officer acted without or 
in excess of the hearing officer's powers; 

2. That the decision was procured by fraud; 

3. That the evidence does not justify the 
decision; or 

4. That the petitioner has discovered new 
material evidence which could not, with reason- 
able diligence, have been discovered and pro- 
duced at the hearing. 

The decision of the hearing officer shall be 
final upon the expiration of 30 days after the 
petition for rehearing is denied, or if the hearing 
is granted, upon the expiration of 30 days after 
the rendition of the decision. Such final decision 
shall not be subject to amendment, modification 
or rescission by the Board, but shall be subject to 
review by the Board only for the purpose of 
determining whether to seek judicial review. 

SEC. 12.103. TRUST FUND. 

The Retirement Fund shall be a trust fund to 
be administered by the Retirement Board in 
accordance with the provisions of this Charter 
solely for the benefit of the active members and 
retired members of the Retirement System and 
their survivors and beneficiaries. Administrative 
costs of the Retirement System, as adopted by 



the Board of Supervisors in the annual budget 
shall be paid from the accumulated contributions 
of the City and County. 

The Fund is intended to qualify for tax de- 
ferred treatment under Section 401(a) of the 
Internal Revenue Code of 1986, as amended, and 
the Board is responsible for preserving the Fund's 
status. 

SEC. 12.200. HEALTH SERVICE BOARD. 

There shall be a Health Service Board which 
shall consist of seven members as follows: one 
member of the Board of Supervisors, to be ap- 
pointed by the President of the Board of Super- 
visors; the City Attorney or designated Deputy 
City Attorney, except that on May 15, 2005, the 
City Attorney's tenure on the Health Service 
Board shall expire and that seat shall be filled by 
a member elected from the active and retired 
members of the System from among their num- 
ber; two members appointed by the Mayor pur- 
suant to Section 3.100, one of whom shall be an 
individual who regularly consults in the health 
care field, and the other a doctor of medicine; and 
three members (in addition to the elected mem- 
ber assuming the seat vacated by the City Attor- 
ney) elected from the active and retired members 
of the System from among their number. Elec- 
tions shall be conducted by the Director of Elec- 
tions in a manner prescribed by ordinance. Elected 
members need not reside within the City and 
County. The terms of members, other than the ex 
officio members, shall be five years, and shall 
expire on May 15 of each year. 

A vacancy on the Board appointed by the 
Mayor shall be filled by the Mayor. A vacancy in 
an elective office on the Board shall be filled by a 
special election within 90 days after the vacancy 
occurs unless a regular election is to be held 
within six months after such vacancy shall have 
occurred. 

The Health Service Board shall: 

1. Establish and maintain detailed histori- 
cal costs for medical and hospital care and con- 
duct an annual review of such costs; 

2. Apply benefits without special favor or 
privilege; 



197 



Employee Retirement and Health Service Systems 



Sec. 12.203. 



3. Put such plans as provided for in Section 
A8.422 into effect and conduct and administer 
the same and contract therefor and use the funds 
of the System; 

4. Make rules and regulations for the ad- 
ministration of business of the Health Service 
System, the granting of exemptions and the 
admission to the System of persons who are 
hereby made members, and such other officers 
and employees as may voluntarily become mem- 
bers with the approval of the Board; and 

5. Receive, consider and, within 60 days 
after receipt, act upon any matter pertaining to 
the policies of, or appeals from, the Health Ser- 
vice System submitted to it in writing by any 
member or any person who has contracted to 
render medical care to the members. 

Except as otherwise specifically provided, the 
Health Service Board shall have the powers and 
duties and shall be subject to the limitations of 
Charter Sections 4.102, 4.103 and 4.104. 

Subject to the requirements of state law and 
the budgetary and fiscal provisions of the Char- 
ter, the Health Service Board may make provi- 
sion for heath or dental benefits for residents of 
the City and County of San Francisco as pro- 
vided in Section A8.421 of Appendix A of the 
Charter. (Amended November 2004) 



matters coming before it as an appeals board. 
The Board shall prepare its rules, regulations 
and policies so that they are clear, definite and 
complete and so that they can be readily admin- 
istered by the Health Services administrator. 
(Amended November 2004) 

SEC. 12.202. MEMBERSHIP IN HEALTH 
SERVICE SYSTEM. 

The members of the System shall consist of 
all officers and permanent employees of the City 
and County, the Unified School District, the 
Community College District, and such other of- 
ficers, employees, dependents and retirees as 
provided by ordinance. 

SEC. 12.203. HEALTH SERVICE SYSTEM 
FUND. 

The Health Service System fund shall be a 
trust fund administered by the Health Service 
Board in accordance with the provisions of this 
Charter solely for the benefit of the active and 
retired members of the Health Service System 
and their covered dependents. The City and 
County, School District and Community College 
District shall each contribute to the Health Ser- 
vice System Fund amounts sufficient to effi- 
ciently administer the Health Service System. 



SEC. 12.201. MEDICAL DIRECTOR AND 
HEALTH SERVICES ADMINISTRATOR. 

The Health Service Board may appoint a 
full-time or part-time medical director. He or she 
shall hold office at its pleasure. The medical 
director shall be responsible to the Board as a 
board, but not to any individual member or 
committee thereof. The Health Service Board 
shall appoint a full-time administrator with ex- 
perience in administering health plans or in 
comparable work, who shall hold office at the 
Health Service Board's pleasure. The Health 
Services administrator shall administer the Health 
Service System in accordance with the provi- 
sions of this Charter and the rules, regulations 
and policies of the Health Service Board. The 
Board and each committee of the Board shall 
confine its activities to policy matters and to 



San Francisco - Charter 198 



[The next page is 207] 



ARTICLE XIII: ELECTIONS 



Sec. 13. 

Sec. 13. 

Sec. 13. 

Sec. 13. 

Sec. 13. 

Sec. 13. 

Sec. 13. 

Sec. 13. 



100. 

101. 

101.5. 

102. 

103. 

103.5. 

104. 

104.5. 



Sec. 13.105. 

Sec. 13.106. 

Sec. 13.107. 

Sec. 13.107.5. 

Sec. 13.108. 

Sec. 13.109. 

Sec. 13.110. 



City and County Elections. 

Terms of Elective Office. 

Vacancies. 

Instant Runoff Elections. 

Special Municipal Elections. 

Elections Commission. 

Department of Elections. 

Use of Other City Employees 

and Officers. 

Nomination. 

Qualification. 

Election Material Mailed to 

Voters. 

Posting of Ballot Counts at 

Polls. 

Determination of Election 

Results. 

Filing Fees. 

Election of Supervisors. 



SEC. 13.100. CITY AND COUNTY 
ELECTIONS. 

The Board of Supervisors shall adopt an 
Elections Code consistent with the provisions of 
this Charter. Where not otherwise provided by 
this Charter or by ordinance, all City and County 
elections shall be governed by the provisions of 
applicable state laws. 

SEC. 13.101. TERMS OF ELECTIVE 
OFFICE. 

Except in the case of an appointment or 
election to fill a vacancy, the term of office of each 
elected officer shall commence at 12:00 noon on 
the eighth day of January following the date of 
the election. 

Subject to the applicable provisions of Sec- 
tion 13.102, the elected officers of the City and 
County shall be elected as follows: 

At the general municipal election in 1995 and 
every fourth year thereafter, a Mayor, a Sheriff 
and a District Attorney shall be elected. 



At the stat,ewide general election in 1996 and 
every fourth year thereafter, four members of the 
Board of Education and four members of the 
Governing Board of the Community College Dis- 
trict shall be elected. 

At the general municipal election in 1997 and 
every fourth year thereafter, a City Attorney and 
a Treasurer shall be elected. 

At the general municipal election in 2006 and 
every fourth year thereafter, an Assessor-Re- 
corder and Public Defender shall be elected. 

At the statewide general election in 1998 and 
every fourth year thereafter, three members of 
the Board of Education and three members of the 
Governing Board of the Community College Dis- 
trict shall be elected. 

The election and terms of office of members of 
the Board of Supervisors shall be governed by 
Section 13.110. (Amended November 1996; March 
2002; Amended by Proposition E, 11/8/2005) 

SEC. 13.101.5. VACANCIES. 

(a) If the office of Assessor-Recorder, City 
Attorney, District Attorney, Public Defender, Sher- 
iff, Treasurer, or Member of the Board of Super- 
visors, Board of Education or Governing Board of 
the Community College District becomes vacant 
because of death, resignation, recall, permanent 
disability, or the inability of the respective officer 
to otherwise carry out the responsibilities of the 
office, the Mayor shall appoint an individual 
qualified to fill the vacancy under this Charter 
and state laws. 

(b) If the Office of Mayor becomes vacant 
because of death, resignation, recall, permanent 
disability or the inability to carry out the respon- 
sibilities of the office; the President of the Board 
of Supervisors shall become Acting Mayor and 
shall serve until a successor is appointed by the 
Board of Supervisors. 



207 



Supp. No. 1, September 2006 



Sec. 13.101.5. 



San Francisco - Charter 



208 



(c) Any person filling a vacancy pursuant to 
subsection (a) or (b) of this Section shall serve 
until a successor is selected at the next election 
occurring not less than 120 days after the va- 
cancy, at which time an election shall be held to 
fill the unexpired term, provided 'that (1) if an 
election for the vacated office is scheduled to 
occur less than one year after the vacancy, the 
appointee shall serve until a successor is selected 
at that election or (2) if an election for any seat 
on the same board as the vacated seat is sched- 
uled to occur less than one year but at least 120 
days after the vacancy, the appointee shall serve 
until a successor is selected at that election to fill 
the unexpired term. 

(d) If no candidate receives a majority of the 
votes cast at an election to fill a vacated office, 
the two candidates receiving the most votes shall 
qualify to have their names placed on the ballot 
for a municipal runoff election at the next regu- 
lar or otherwise scheduled election occurring not 
less than five weeks later. If an instant runoff 
election process is enacted for the offices enumer- 
ated in this Section, that process shall apply to 
any election required by this Section. (Added 
November 2001) 

SEC. 13.102. INSTANT RUNOFF 
ELECTIONS. 

(a) For the purposes of this section: (1) a 
candidate shall be deemed "continuing" if the 
candidate has not been eliminated; (2) a ballot 
shall be deemed "continuing" if it is not ex- 
hausted; and (3) a ballot shall be deemed "ex- 
hausted," and not counted in further stages of 
the tabulation, if all of the choices have been 
eliminated or there are no more choices indi- 
cated on the ballot. If a ranked-choice ballot 
gives equal rank to two or more candidates, the 
ballot shall be declared exhausted when such 
multiple rankings are reached. If a voter casts a 
ranked-choice ballot but skips a rank, the voter s 
vote shall be transferred to that voters next 
ranked choice. 

(b) The Mayor, Sheriff, District Attorney, 
City Attorney, Treasurer, Assessor-Recorder, Pub- 
lic Defender, and members of the Board of Su- 
pervisors shall be elected using a ranked-choice. 



or "instant runoff," ballot. The ballot shall allow 
voters to rank a number of choices in order of 
preference equal to the total number of candi- 
dates for each office; provided, however, if the 
voting system, vote tabulation system or similar 
or related equipment used by the City and County 
cannot feasibly accommodate choices equal to 
the total number of candidates running for each 
office, then the Director of Elections may limit 
the number of choices a voter may rank to no 
fewer than three. The ballot shall in no way 
interfere with a voter s ability to cast a vote for a 
write-in candidate. 

(c) If a candidate receives a majority of the 
first choices, that candidate shall be declared 
elected. If no candidate receives a majority, the 
candidate who received the fewest first choices 
shall be eliminated and each vote cast for that 
candidate shall be transferred to the next ranked 
candidate on that voters ballot. If, after this 
transfer of votes, any candidate has a majority of 
the votes from the continuing ballots, that can- 
didate shall be declared elected. 

(d) If no candidate receives a majority of 
votes from the continuing ballots after a candi- 
date has been eliminated and his or her votes 
have been transferred to the next-ranked candi- 
date, the continuing candidate with the fewest 
votes from the continuing ballots shall be elimi- 
nated. All votes cast for that candidate shall be 
transferred to the next-ranked continuing candi- 
date on each voter s ballot. This process of elimi- 
nating candidates and transferring their votes to 
the next-ranked continuing candidates shall be 
repeated until a candidate receives a majority of 
the votes from the continuing ballots. 

(e) If the total number of votes of the two or 
more candidates credited with the lowest num- 
ber of votes is less than the number of votes 
credited to the candidate with the next highest 
number of votes, those candidates with the low- 
est number of votes shall be eliminated simulta- 
neously and their votes transferred to the next- 
ranked continuing candidate on each ballot in a 
single comiting operation. 

(f) A tie between two or more candidates 
shall be resolved in accordance with State law. 



Supp. No. 1, September 2006 



209 



Elections 



Sec. 13.103.5. 



(g) The Department of Elections shall con- 
duct a voter education campaign to familiarize 
voters with the ranked-choice or, "instant run- 
off," method of voting. 

(h) Any voting system, vote tabulation sys- 
tem, or similar or related equipment acquired by 
the City and County shall have the capability to 
accommodate this system of ranked-choice, or 
"instant runoff," balloting. 

(i) Ranked choice, or "instant runoff," bal- 
loting shall be used for the general municipal 
election in November 2002 and all subsequent 
elections. If the Director of Elections certifies to 
the Board of Supervisors and the Mayor no later 
than July 1, 2002 that the Department will not 
be ready to implement ranked-choice balloting in 
November 2002, then the City shall begin using 
ranked-choice, or "instant runoff," balloting at 
the November 2003 general municipal election. 

If ranked-choice, or "instant runoff," ballot- 
ing is not used in November of 202, and no 
candidate for any elective office of the City and 
County, except the Board of Education and the 
Governing Board of the Community College Dis- 
trict, receives a majority of the votes cast at an 
election for such office, the two candidates receiv- 
ing the most votes shall qualify to have their 
names placed on the ballot for a runoff election 
held on the second Tuesday in December of 2002. 
(Added March 2002) (Former Section 13.102 
added November 1996; repealed March 2002) 

SEC. 13.103. SPECIAL MUNICIPAL 
ELECTIONS. 

Special municipal elections may be called in 
accordance with state laws. 

The date of any special municipal election 
shall be fixed by the Board of Supervisors not 
less than 105 nor more than 120 days from the 
date of calling such election; however, no special 
municipal election shall be held within 105 days 
of any general municipal or statewide election. 
The Board of Supervisors may consolidate a 
special municipal election with a general munici- 
pal or statewide election. 

The Board of Supervisors shall maintain a 
fund sufficient to pay all costs and expenses of 



the City and County with respect to a special 
municipal election, and such fund shall be used 
solely to pay the costs of such an election. Upon 
pajrment of any such costs or expenses, an ap- 
propriation shall be made in the next succeeding 
annual appropriations ordinance sufficient to 
reimburse the fund. 

SEC. 13.103.5. ELECTIONS 
COMMISSION. 

An Elections Commission shall be estab- 
lished to oversee all public federal, state, district 
and municipal elections in the City and County. 
The Commission shall set general policies for the 
Department of Elections and shall be responsible 
for the proper administration of the general 
practices of the Department, subject to the bud- 
getary and fiscal provisions of this Charter. These 
duties shall include but not be limited to approv- 
ing written plans prior to each election, submit- 
ted by the Director of Elections, detailing the 
policies, procedures, and personnel that will be 
used to conduct the election as well as an assess- 
ment of how well the plan succeeded in carrjdng 
out a free, fair and functional election. 

The Commission shall consist of seven mem- 
bers who shall serve five-year terms. No person 
appointed as a Commission member may serve 
as such for more than two successive five-year 
terms. Any person appointed as a Commission 
member to complete more than two and one half 
years of a five-year term shall be deemed, for the 
purpose of this section, to have served one full 
term. No person having served two successive 
five-year terms may serve as a Commission 
member until at least five years after the expi- 
ration of the second successive term in office. 
Any Commission member who resigns with less 
than two and one half years remaining until the 
expiration of the term shall be deemed, for the 
purposes of this section, to have served a full 
five-year term. 

The Mayor, the Board of Supervisors, the 
City Attorney, the Public Defender, the District 
Attorney, the Treasurer, and the Board of Edu- 
cation of the San Francisco Unified School Dis- 
trict each shall appoint one member of the Com- 
mission. The member appointed by the Mayor 



Sec. 13.103.5. 



San Francisco - Charter 



210 



shall have a background in the electoral process. 
The member appointed by the City Attorney 
shall have a background in elections law. The 
member appointed by the Treasurer shall have a 
background in financial management. The mem- 
bers appointed by the District Attorney, Public 
Defender, the Board of Education of the San 
Francisco Unified School District, and the Board 
of Supervisors shall be broadly representative of 
the general public. In the event a vacancy occurs, 
the appointing authority who appointed the mem- 
ber vacating the office shall appoint a qualified 
person to complete the remainder of the term. All 
members initially appointed to the Election Com- 
mission shall take office on the first day of 
January, 2002. 

The initial terms of Commission members 
shall expire according to the following guide- 
lines: the term of the members appointed by the 
Mayor and the Board of Education of the San 
Francisco Unified School District shall expire on 
January 1, 2003; the term of the members ap- 
pointed by the Board of Supervisors and the 
Treasurer shall expire on January 1 2004; the 
term of the member appointed by the City Attor- 
ney shall expire January 1, 2005; the term of the 
member appointed by the Public Defender shall 
expire January 1, 2006; and the term of the 
member appointed by the District Attorney shall 
expire January 1, 2007. 

Members of the Commission shall serve with- 
out compensation. Members of the Commission 
shall be officers of the City and County, and may 
be removed by the appointing authority only 
pursuant to Section 15.105. During his or her 
tenure, members and employees of the Elections 
Commission are subject to the following restric- 
tions: 

(a) Restrictions on Holding Office. No mem- 
ber or employee of the Elections Commission 
may hold any other City or County office or be an 
officer of a political party. 

(b) Restrictions on Employment. No mem- 
ber or employee of the Elections Commission 
may be a registered campaign consultant or 
registered lobb3dst, or be employed by or receive 
gifts or other compensation from a registered 



campaign consultant or registered lobbyist. No 
member of the Elections Commission may hold 
any employment with the City and County and 
no employee of the Elections Commission may 
hold any other emplojmient with the City and 
County. 

(c) Restrictions on Political Activities. No 
member or employee of the Elections Commis- 
sion may participate in any campaign support- 
ing or opposing a candidate or ballot measure 
that will appear on the San Francisco ballot, 
other than candidates seeking election to federal 
or statewide office. For purposes of this section, 
participation in a campaign includes but is not 
limited to making contributions or soliciting con- 
tributions to any committee, including general 
purpose committees; publicly endorsing or urg- 
ing endorsement of any candidate or ballot mea- 
sure; or participating in decisions by organiza- 
tions to participate in a campaign. 

If a person appointed to the Elections Com- 
mission is, at the time of appointment, an officer 
or employee, as prohibited by this section, that 
person shall be eligible to serve on the Elections 
Commission only if he or she resigns from his or 
her office or employment within thirty days of 
appointment. (Added November 2001; amended 
November 2002) 

SEC. 13.104. DEPARTMENT OF 
ELECTIONS. 

A Department of Elections shall be estab- 
lished to conduct all public federal, state, district 
and municipal elections in the City and County. 
The department shall be administered by the 
Director of Elections, who shall be vested with 
the day-to-day conduct and management of the 
Department and of voter registration and mat- 
ters pertaining to elections in the City and County. 
The Director shall report to the Elections Com- 
mission. 

For purposes of this section, the conduct of 
elections shall include, but not be limited to: 
voter registration; the nomination and filing 
process for candidates to City and County offices; 
the preparation and distribution of voter infor- 
mation materials; ballots, precinct operations 



211 



Elections 



Sec. 13.104.5. 



and vote count; the prevention of fraud in such 
elections; and the recount of ballots in cases of 
challenge or fraud. 

The Director shall be appointed by the Elec- 
tions Commission from a list of qualified appli- 
cants provided pursuant to the civil service pro- 
visions of this Charter. The Director shall serve a 
five-year term, during which he or she may be 
removed by the Elections Commission for cause, 
upon written charges and following a hearing. 
The Elections Commission shall present the writ- 
ten charges to the Director no less than thirty 
days before the hearing. If the Elections Com- 
mission votes to remove the Director, he or she 
shall have the right to appeal to the Civil Service 
Commission. On appeal, the Civil Service Com- 
mission shall be limited to consideration of the 
record before the Elections Commission; how- 
ever, the Civil Service Commission may indepen- 
dently evaluate and weigh evidence and may in 
its discretion consider evidence proffered to the 
Elections Commission that the Commission ex- 
cluded and may in its discretion exclude evi- 
dence that the Elections Commission considered. 
The term of the Director shall expire five years 
after his or her appointment. No less than thirty 
days before the expiration of the Director's term, 
the Elections Commission shall appoint a Direc- 
tor for the next term, who may but need not be 
the incumbent Director. Subject to the civil ser- 
vice provisions of this Charter, the Director shall 
have the power to appoint and remove other 
employees of the Department of Elections. 

In addition to any other conflict of interest 
provisions applicable to City employees, the Di- 
rector of Elections and all other employees of the 
Department of Elections shall be subject to the 
conflict-of-interest provisions in Section 13.103.5. 
The Elections Commission, may upon the recom- 
mendation of the Director of Elections and a 
finding that the Department will not have ad- 
equate staffing to conduct an election, request 
from the Board of Supervisors a waiver of the 
conflict-of-interest provisions in Section 13.103.5 
for employees working no more than thirty days 
in a single calendar year. The Board of Supervi- 
sors shall approve or deny such requests from 
the Elections Commission by motion. (Amended 
November 2001) 



SEC. 13.104.5. USE OF OTHER CITY 
EMPLOYEES AND OFFICERS. 

Except as provided below, no City employee 
or officer, other than the Director of Elections, an 
appointee of the Director of Elections or a mem- 
ber of the Elections Commission, may in any 
capacity perform any function relating to the 
conduct of an election that this Charter places 
under the Department of Elections. This section 
prohibits City personnel from providing to the 
Department of Elections services that are unique 
to that department. This section does not pro- 
hibit City personnel from providing to the De- 
partment of Elections ordinary services that are 
unrelated to the conduct of an election and that 
are indistinguishable from services performed 
for other City departments. These general sup- 
port services include, but are not limited to, 
services relating to human resources, personnel 
processing, payroll, workers compensation, bud- 
geting, accounting, procurement, contracting, and 
the maintenance of telephone and voice mail 
systems. The Elections Commission may, upon 
the recommendation of the Director of Elections 
request from the Board of Supervisors a waiver 
of this prohibition so as to allow City employees 
and officers to assist the Department of Elec- 
tions. The Board of Supervisors shall approve or 
deny such requests from the Elections Commis- 
sion by motion. 

The City Attorney shall serve as legal counsel 
to the Elections Commission and the Depart- 
ment of Elections. The Commission may, by a 
majority vote of its members, hire outside legal 
counsel to advise the Commission and the De- 
partment on matters that directly involve the 
election or campaign of the City Attorney, if the 
City Attorney is standing for election. All outside 
legal counsel hired pursuant to this Section shall 
be a member in good standing of the California 
State Bar. In selecting outside legal counsel, the 
Commission shall give preference to engaging 
the services of a City attorney's office, a County 
counsel's office or other public entity law office 
with an expertise regarding the subject-matter 
jurisdiction of the Elections Commission. In the 
event that the Commission concludes that pri- 
vate counsel is necessary, it may, by a majority 



Sec. 13.104.5. 



San Francisco - Charter 



212 



vote, engage the services of a private attorney 
who has at least five years' experience in the 
subject-matter jurisdiction of the Elections Com- 
mission. Any private counsel retained pursuant 
to this Section shall be subject to the conflict of 
interest provisions of Section 13.103.5. Any con- 
tract for outside legal counsel authorized by this 
section shall be paid for by the Commission and 
shall be subject to the budgetary and fiscal 
provisions of this charter. 

The Sheriff shall be responsible for transport- 
ing all voted ballots and all other documents or 
devices used to record votes from the polls to the 
central counting location and approving a secu- 
rity plan for the ballots until the certification of 
election results. This requirement shall not be- 
come operative following its adoption until the 
Sheriff has completed meeting and conferring 
required by state law. The Elections Commission 
shall send a copy of the approved transportation 
and security plan to the Board of Supervisors. 

The Director of Elections shall develop and 
submit for the approval of the Elections Commis- 
sion an alternative transportation and security 
plan if an incumbent sheriff is running for elec- 
tion or if there is a measure on the San Francisco 
ballot that would have a material, financial 
effect on the Sheriff or the uniformed personnel 
of the Sheriffs department as determined by the 
Ethics Commission. The Director of Elections 
shall invite the Secretary of State to comment on 
any alternative transportation and security plan. 
The Elections Commission shall send a copy of 
the approved alternative transportation and se- 
curity plan to the Board of Supervisors. The 
Board of Supervisors shall have the authority to 
enter into any contracts or take whatever actions 
are necessary to meet the alternative security 
requirements of this section. (Added November 
2001; amended November 2002) 

SEC. 13.105. NOMINATION. 

The City and County shall follow the nomi- 
nation provisions for municipal elective offices in 
accordance with state laws, except as provided 
for by ordinance or this Charter, 



SEC. 13.106. QUALIFICATION. 

Each candidate for an elective office of the 
City and County shall be a resident of the City 
and County and an elector at the time that 
nomination papers are issued to the candidate, 
and each elected officer shall continue to be an 
elector during the term of the office. 

SEC. 13.107. ELECTION MATERIAL 
MAILED TO VOTERS. 

The Board of Supervisors shall, by ordinance, 
provide for the format of a voters' pamphlet 
including a sample ballot, candidates' state- 
ments, Hsts of sponsors, arguments for and against 
each ballot measure, any financial impact state- 
ments prepared by the Controller, and argu- 
ments for and against the recall of any officers. 
The voters' pamphlet shall be mailed to each 
elector so as to be received at least ten days prior 
to each general, runoff or special municipal elec- 
tion. 

SEC. 13.107.5. POSTING OF BALLOT 
COUNTS AT POLLS. 

After the closing of the polls, each precinct 
board shall cause to be posted outside of each 
polling place an accounting that includes the 
number of ballots delivered to that precinct board 
and the number of voted ballots, unused ballots, 
spoiled ballots, cancelled ballots, absentee bal- 
lots and provisional ballots returned to the De- 
partment of Elections by the precinct board at 
any time on election day. After the closing of the 
polls, each precinct board shall also post outside 
each polling place any computer record indicat- 
ing the number of ballots cast for each candidate 
and for or against each ballot measure. (Added 
November 2001) 

SEC. 13.108. DETERMINATION OF 
ELECTION RESULTS. 

The canvass of votes cast, and certification of 
elections shall be as prescribed by law. If a 
person elected fails to qualify or for any reason 
does not take office, the office shall be filled in 
the manner prescribed by state law for the filling 
of a vacancy in such office. 



213 



Elections 



Sec. 13.110. 



SEC. 13.109. FILING FEES. 

The amount of fees to be charged for candi- 
date filings, candidate statements, paid argu- 
ments and any other fees to be collected in the 
conduct of elections shall be proposed by the 
Director of Elections for approval by the Board of 
Supervisors on or before the second Monday in 
December immediately prior to the election in 
which the fees apply. 

Signatures of registered voters in the City 
and County may be submitted in lieu of any 
filing fee. At the same time the Board of Super- 
visors approves the schedule of fees for the 
election, the Director of Elections, with the ap- 
proval of the Board of Supervisors, shall estab- 
lish the dollar value equivalent of each valid 
signature submitted. 

SEC. 13.110. ELECTION OF 
SUPERVISORS. 

(a) The members of the board of supervisors 
shall be elected by district as set forth in this 
section. 

(b) The City and County shall be divided 
into 11 supervisorial districts as set forth in this 
section. Beginning with the general municipal 
election in 2000, and until new districts are 
established pursuant to this section, these dis- 
tricts shall be used for the election or recall of the 
members of the board of supervisors, and for 
filling any vacancy in the office of member of the 
board of supervisors by appointment. Once new 
districts are established, those districts shall be 
used for the same purposes. No change in the 
boundary or location of any district shall operate 
to abolish or terminate the term of office of any 
member of the board of supervisors prior to the 
expiration of the term of office for which such 
member was elected or appointed. 

(c) [See editor's note following the conclud- 
ing paragraph (f) of this section.] 

(d) Within 60 days following publication of 
the decennial federal census in the year 2000 
and every decennial federal census after that, 
the Director of Elections shall report to the 
Board of Supervisors on whether the existing 



districts continue to meet the requirements of 
federal and state law and the criteria for draw- 
ing districts lines set in the Charter. 

The criteria for drawing districts lines are: 

Districts must conform to all legal require- 
ments, including the requirement that they be 
equal in population. Population variations be- 
tween districts should be limited to 1 percent 
from the statistical mean unless additional varia- 
tions, limited to 5 percent of the statistical mean, 
are necessary to prevent dividing or diluting the 
voting power of minorities and/or to keep recog- 
nized neighborhoods intact; provided, however, 
that the redistricting provided for herein shall 
conform to the rule of one person, one vote, and 
shall reflect communities of interest within the 
City and County. Census data, at the census 
block level, as released by the United States 
Census Bureau, statistically adjusted by the 
Bureau to correct the unadjusted census counts 
for any measured undercount or overcount of 
any subset of the population according to the 
bureau's Accuracy and Coverage Evaluation or 
other sampling method, shall be used in any 
analysis of population requirements and appli- 
cation of the rule of one person one vote. In the 
event such adjusted census data, at the census 
block level, are not released by the Bureau, 
population data, at the census block level, ad- 
justed by the California Department of Finance 
for any measured undercount or overcount maybe 
used. 

If it is determined that the districts are in 
compliance with all legal requirements, includ- 
ing the requirement that they be equal in popu- 
lation, the current districts as drawn will be 
valid for the next decade. If it is determined that 
any of the districts are not in compliance, the 
Board of Supervisors by ordinance shall convene 
and fund a nine-member elections task force. 
Three members shall be appointed by the Board 
of Supervisors, three members shall be ap- 
pointed by the Mayor, and three members shall 
be appointed by the Director of Elections unless 
an Elections Commission is created in which 
case the appointments designated to the Direc- 
tor of Elections shall be made by the Elections 



Sec. 13.110. 



San Francisco - Charter 



214 



Commission. Task Force shall be appointed by 
January 8, 2002 and following the publication of 
each decennial federal census thereafter, shall be 
appointed within sixty days after issuance of a 
report by the Director of Elections to the Board of 
Supervisors that the districts are not in compli- 
ance, pursuant to this subsection. 

Members of the Task Force previously ap- 
pointed by the Director of Elections shall serve 
on the Task Force until the Elections Commis- 
sion, if established, appoints three members to 
the Task Force, whereupon the terms of the 
members appointed by the Director of Elections 
shall expire. 

The Director of Elections shall serve ex officio 
as a non-voting member. The task force shall be 
responsible for redrawing the district lines in 
accordance with the law and the criteria estab- 
lished in this Section, and shall make such 
adjustments as appropriate based on public in- 
put at public hearings. 

The Task Force shall complete redrawing 
district lines before the fifteenth day of April of 
the year in which the first election using the 
redrawn lines will be conducted. The Board of 
Supervisors may not revise the district bound- 
aries established by the Task Force. The Board of 
Supervisors may not revise the district bound- 
aries established by the Task Force. 

If the Task Force determines that the ad- 
justed population data to which this subsection 
refers are not available a sufficient period of time 
before the fifteenth day of April in order to use 
the adjusted population data in redrawing the 
district lines for the following supervisorial elec- 
tion, and the adjusted population data demon- 
strate more than a five percent variance from the 
figures used in redrawing the district lines for 
the [sic] that supervisorial election, the Task 
Force shall by the fifteenth day of April immedi- 
ately preceding the next supervisorial election 
redraw the district lines for that supervisorial 
election in accordance with the provisions of this 
section. The procedures for redrawing superviso- 
rial lines following the publication of every sub- 
sequent decennial federal census shall follow the 
procedures established by this Section. 



The City Attorney shall remove the descrip- 
tion of district lines found in this subsection fi-om 
the Charter after the Elections Task Force has 
completed redrawing the district lines as set 
forth above. Following each redrawing of the 
district lines thereafter, the City Attorney shall 
cause the redrawn district lines to be published 
in an appendix to this Charter. 

(e) Each member of the board of supervi- 
sors, commencing with the general municipal 
election in November, 2000, shall be elected by 
the electors within a supervisorial district, and 
must have resided in the district in which he or 
she is elected for a period of not less than 30 days 
immediately preceding the date he or she files a 
declaration of candidacy for the office of supervi- 
sor, and must continue to reside therein during 
his or her incumbency, and upon ceasing to be 
such resident shall be removed from office. 

(f) Notwithstanding any provisions of this 
section or any other section of the charter to the 
contrary, the respective terms of office of the 
members of the board of supervisors who shall 
hold office on the eighth day of January, 2001, 
shall expire at 12 o'clock noon on said date and 
the 11 persons elected as members of the board of 
supervisors at the general election in 2000 shall 
succeed to said offices on said eighth day of 
January, 2001. At that time, the clerk of the 
board of supervisors shall determine by lot 
whether the supervisors elected fi"om the even- 
or odd-numbered supervisorial districts at the 
general municipal election in 2000 shall have 
terms of office expiring at noon on the eighth day 
of January, 2003, and which shall have terms of 
office expiring at noon on the eighth day of 
January, 2005; commencing, however, with the 
general municipal election in November, 2002, 
the terms of office of the supervisors elected fi'om 
the even- or odd-numbered supervisorial dis- 
tricts, as the case may be, shall be for a term of 
four years and shall continue as such thereafter. 
Those members of the board of supervisors elected 
at the general election in 1998, and those elected 
at the general election in 2000 who only serve an 
initial two-year term, shall not be deemed to 
have served a full term for purposes of the term 



215 Elections Sec. 13.110. 



limit established in Section 2.101. (Added No- 
vember 1996; amended November 1999; Novem- 
ber 2001) 
Editor's Note: 

Charter Section 13.100(c) originally contained bound- 
aries and descriptions of the eleven supervisorial dis- 
tricts of the City and County of San Francisco. Charter 
Section 13.100(d) requires that once new district lines 
are drawn, those descriptions are to be removed and the 
new lines published in an appendix to this Charter. For 
the current district boundaries and descriptions, please 
see Appendix E of this Charter 



San Francisco - Charter 216 



[The next page is 231] 



ARTICLE XIV: INITIATIVE, REFERENDUM AND RECALL 



Sec. 14.100. 

Sec. 14.101. 

Sec. 14.102. 

Sec. 14.103. 

Sec. 14.104. 



General. 

Initiatives. 

Legislative Referendum. 

Recall. 

Petitions — ^Withdrawal of 

Signatures 



SEC. 14.100. GENERAL. 

Except as otherwise provided in this Article, 
the voters of the City and County shall have the 
power to enact initiatives and the power to 
nullify acts or measures involving legislative 
matters by referendum. 

SEC. 14.101. INITIATIVES. 

An initiative may be proposed by presenting 
to the Director of Elections a petition containing 
the initiative and signed by voters in a number 
equal to at least five percent of the votes cast for 
all candidates for mayor in the last preceding 
general municipal election for Mayor. Such ini- 
tiative shall be submitted to the voters by the 
Director of Elections upon certification of the 
sufficiency of the petition's signatures. 

A vote on such initiative shall occur at the 
next general municipal or statewide election 
occurring at any time after 90 days from the date 
of the certificate of sufficiency executed by the 
Director of Elections, unless the Board of Super- 
visors directs that the initiative be voted upon at 
a special municipal election. 

If the petition containing the initiative is 
signed by voters in a number equal to at least ten 
percent of the votes cast for all candidates for 
Mayor in the last preceding general municipal 
election for Mayor, and contains a request that 
the initiative be submitted forthwith to voters at 
a special municipal election, the Director of Elec- 
tions shall promptly call such a special munici- 
pal election on the initiative. Such election shall 
be held not less than 105 nor more than 120 days 
from the date of its calling unless it is within 105 



days of a general municipal or statewide elec- 
tion, in which event the initiative shall be sub- 
mitted at such general municipal or statewide 
election. 

No initiative or declaration of policy ap- 
proved by the voters shall be subject to veto, or to 
amendment or repeal except by the voters, un- 
less such initiative or declaration of policy shall 
otherwise provide. 

SEC. 14.102. LEGISLATIVE 
REFERENDUM. 

Prior to the effective date of an ordinance, a 
referendum on that ordinance may be proposed 
by filing with the Board of Supervisors a petition 
protesting the passage of that ordinance. Such 
petition shall be signed by voters in a number 
equal to at least ten percent, or in the case of an 
ordinance granting any franchise, at least five 
percent, of the votes cast for all candidates for 
Mayor in the last preceding general municipal 
election for Mayor. 

Such ordinance shall then be suspended from 
becoming effective. The Board of Supervisors 
shall reconsider the ordinance. If it is not en- 
tirely repealed, the Board of Supervisors shall 
submit the ordinance to the voters at the next 
general municipal or statewide election or at a 
special municipal election. Such ordinance shall 
not become effective until approved by voters at 
such an election. 

SEC. 14.103. RECALL. 

An elected official of the City and County, the 
City Administrator, the Controller, or any mem- 
ber of the Airports Commission, the Board of 
Education, the governing board of the Commu- 
nity College District, the Ethics Commission or 
the Public Utilities Commission may be recalled 
by the voters as provided by this Charter and by 
the laws of the State of California, except that no 



231 



Sec. 14.103. San Francisco - Charter 232 



recall petitions shall be initiated with respect to 
any officer who has held office for less than six 
months. 

A recall petition shall include the signatures 
of voters in a number equal to at least ten 
percent of registered voters of the City and 
County at time of the filing of the notice of 
intention to circulate the recall petitions. A recall 
petition for a member of the Board of Supervi- 
sors shall include signatures of voters from the 
district from which the Supervisor was elected in 
a number equal to at least ten percent of the 
registered voters of the district at the time of the 
filing of the notice of intention to circulate the 
recall petition. A recall petition shall state the 
grounds on which the recall is based. 

Upon certifying the sufficiency of the recall 
petition's signatures, the Director of Elections 
shall immediately call a special municipal elec- 
tion on the recall, to be held not less than 105 nor 
more than 120 days from the date of its calling 
unless it is within 105 days of a general munici- 
pal or statewide election, in which event the 
recall shall be submitted at such general munici- 
pal or statewide election. (Amended November 
1996) 

SEC. 14.104. PETITIONS— WITHDRAWAL 
OF SIGNATURES. 

A person signing a petition for initiative, 
referendum or recall may withdraw his or her 
name from such petition by filing with the Direc- 
tor of Elections a verified revocation of that 
signature prior to the filing of such petition 
itself. 



[The next page is 243] 



ARTICLE XV: ETHICS 



Sec. 15.100. Ethics Commission. 
Sec. 15.101. Executive Director and 
Commission Staff. 

Sec. 15.102. Rules and Regulations. 
Sec. 15.103. Conflict of Interest. 
Sec. 15.105. Suspension and Removal. 
Sec. 15.107. Reporting of Campaign 
Financing. 

SEC. 15.100. ETHICS COMMISSION. 

The Ethics Commission shall consist of five 
members who shall serve six-year terms; pro- 
vided that the first five commissioners to be 
appointed to take office on the first day of Feb- 
ruary, 2002 shall by lot classify their terms so 
that the term of one commissioner shall expire at 
12:00 o'clock noon on each of the second, third, 
fourth, fifth and sixth anniversaries of such date, 
respectively; and, on the expiration of these and 
successive terms of office, the appointments shall 
be made for six-year terms. 

The Mayor, the Board of Supervisors, the 
City Attorney, the District Attorney and the 
Assessor each shall appoint one member of the 
Commission. The member appointed by the Mayor 
shall have a background in public information 
and public meetings. The member appointed by 
the City Attorney shall have a background in law 
as it relates to government ethics. The member 
appointed by the Assessor shall have a back- 
ground in campaign finance. The members ap- 
pointed by the District Attorney and Board of 
Supervisors shall be broadly representative of 
the general public. 

In the event a vacancy occurs, the officer who 
appointed the member vacating the office shall 
appoint a qualified person to complete the re- 
mainder of the term. Members of the Commis- 
sion shall serve without compensation. Members 
of the Commission shall be officers of the City 
and County, and may be removed by the appoint- 
ing authority only pursuant to Section 15.105. 



No person may serve more than one six-year 
term as a member of the Commission, provided 
that persons appointed to fill a vacancy for an 
unexpired term with less than three years re- 
maining or appointed to an initial term of three 
or fewer years shall be eligible to be appointed to 
one additional six-year term. Any term served 
before the effective date of this Section shall not 
count toward a member's term limit. Any person 
who completes a term as a Commissioner shall 
be eligible for reappointment six years after the 
expiration of his or her term. Notwithstanding 
any provisions of this Section or any other sec- 
tion of the Charter to the contrary, the respective 
terms of office of the members of the Commission 
who shall hold office on the first day of February, 
2002, shall expire at 12 o'clock noon on said date, 
and the five persons appointed as members of 
the Commission as provided in this Section shall 
succeed to said offices on said first day of Febru- 
ary, 2002, at 12 o'clock noon; provided that if any 
appointing authority has not made a new ap- 
pointment by such date, the sitting member 
shall continue to serve until replaced the new 
appointee. 

During his or her tenure, members and em- 
ployees of the Ethics Commission are subject to 
the following restrictions: 

(a) Restrictions on Holding Office. No mem- 
ber or employee of the Ethics Commission may 
hold any other City or County office or be an 
officer of a political party. 

(b) Restrictions on Emplojnnent. No mem- 
ber or employee of the Ethics Commission may 
be a registered lobbyist or campaign consultant, 
or be employed by or receive gifts or other 
compensation from a registered lobbyist or cam- 
paign consultant. No member of the Ethics Com- 
mission may hold employment with the City and 
County and no employee of the Commission may 
hold any other emplojnnent with the City and 
Coimty. 



243 



Sec. 15.100. 



San Francisco - Charter 



244 



(c) Restrictions on Political Activities. No 
member or employee of the Ethics Commission 
may participate in any campaign supporting or 
opposing a candidate for City elective office, a 
City ballot measure, or a City officer running for 
any elective office. For the purposes of this 
section, participation in a campaign includes but 
is not limited to making contributions or solicit- 
ing contributions to any committee within the 
Ethics Commission's jurisdiction, publicly endors- 
ing or urging endorsement of a candidate or 
ballot measure, or participating in decisions by 
organizations to participate in a campaign. 

The Commission may subpoena witnesses, 
compel their attendance and testimony, admin- 
ister oaths and affirmations, take evidence and 
require by subpoena the production of any books, 
papers, records or other items material to the 
performance of the Commission's duties or exer- 
cise of its powers. (Amended November 2001; 
November 2002; November 2003) 

SEC. 15.101. EXECUTIVE DIRECTOR 
AND COMMISSION STAFF. 

The Commission shall appoint and may re- 
move an Executive Director. The Executive Di- 
rector shall have a background in campaign 
finance, public information and public meetings 
and the law as it relates to governmental ethics. 
The Executive Director shall be the chief execu- 
tive of the department and shall have all the 
powers provided for department heads. Subject 
to the civil service provisions of this Charter, the 
Executive Director shall have the power to ap- 
point and remove other employees of the Com- 
mission. In addition to any other conflict of 
interest provisions applicable to City employees, 
the Executive Director and all other employees 
of the Commission shall be subject to the conflict 
of interest provisions in Section 15.100, except 
that the post-emplo3rment restrictions contained 
therein shall apply only to the Executive Direc- 
tor and management-level employees. (Amended 
November 2001) 

SEC. 15.102. RULES AND 
REGULATIONS. 

The Commission may adopt, amend and re- 
scind rules and regulations consistent with and 



related to carrying out the purposes and provi- 
sions of this Charter and ordinances related to 
campaign finances, conflicts of interest, lobby- 
ing, campaign consultants and governmental 
ethics and to govern procedures of the Commis- 
sion. In addition, the Commission may adopt 
rules and regulations relating to carrying out the 
purposes and provisions of ordinances regarding 
open meetings and public records. The Commis- 
sion shall transmit to the Board of Supervisors 
rules and regulations adopted by the Commis- 
sion within 24 hours of their adoption. A rule or 
regulation adopted by the Commission shall be- 
come effective 60 days after the date of its 
adoption unless before the expiration of this 60- 
day period two-thirds of all members of the 
Board of Supervisors vote to veto the rule or 
regulation. 

The City Attorney shall be the legal advisor 
of the Commission. 

Any ordinance which the Supervisors Eire 
empowered to pass relating to confficts of inter- 
est, campaign finance, lobbying, campaign con- 
sultants or governmental ethics may be submit- 
ted to the electors at the next succeeding general 
election by the Ethics Commission by a four- 
fifths vote of all its members. (Amended Novem- 
ber 2001) 

SEC. 15.103. CONFLICT OF INTEREST. 

Public office is a public trust and all officers 
and employees of the City and County shall 
exercise their public duties in a manner consis- 
tent with this trust. The City may adopt conflict 
of interest and governmental ethics laws to imple- 
ment this provision and to prescribe penalties in 
addition to discipline and removal authorized in 
this Charter. All officers and employees of the 
City and County shall be subject to such conflict 
of interest and governmental ethics laws and the 
penalties prescribed by such laws. (Amended 
November 2003) 

SEC. 15.104. 

(Repealed November 2003) 

SEC. 15.105. SUSPENSION AND 
REMOVAL. 

(a) ELECTIVE AND CERTAIN APPOINTED 
OFFICERS. Any elective officer, and any mem- 
ber of the Airport Commission, Asian Art Com- 



245 



Ethics 



Sec. 15.105. 



mission, Civil Service Commission, Commission 
on the Status of Women, Golden Gate Concourse 
Authority Board of Directors, Health Commis- 
sion, Human Services Commission, Juvenile Pro- 
bation Commission, Municipal Transportation 
Agency Board of Directors, Port Commission, 
Public Utilities Commission, Recreation and Park 
Com-mission, Fine Arts Museums Board of Trust- 
ees, Taxi Commission, War Memorial and Per- 
forming Art Center Board of Trustees, Board of 
Education or Community College Board is sub- 
ject to suspension and removal for official mis- 
conduct as provided in this section. Such officer 
may be suspended by the Mayor and the Mayor 
shall appoint a qualified person to discharge the 
duties of the office during the period of suspen- 
sion. Upon such suspension, the Mayor shall 
immediately notify the Ethics Commission and 
Board of Supervisors thereof in writing and the 
cause thereof, and shall present written charges 
against such suspended officer to the Ethics 
Commission and Board of Supervisors at or prior 
to their next regular meetings following such 
suspension, and shall immediately furnish a 
copy of the same to such officer, who shall have 
the right to appear with counsel before the 
Ethics Commission in his or her defense. The 
Ethics Commission shall hold a hearing not less 
than five days after the filing of written charges. 
After the hearing, the Ethics Commission shall 
transmit the full record of the hearing to the 
Board of Supervisors with a recommendation as 
to whether the charges should be sustained. If, 
after reviewing the complete record, the charges 
are sustained by not less than a three-fourths 
vote of all members of the Board of Supervisors, 
the suspended officer shall be removed from 
office; if not so sustained, or if not acted on by the 
Board of Supervisors within 30 days after the 
receipt of the record from the Ethics Commis- 
sion, the suspended officer shall thereby be rein- 
stated. 

(b) BUILDING INSPECTION COMMIS- 
SION, PLANNING COMMISSION, BOARD OF 
APPEALS, ELECTIONS COMMISSION, ETH- 
ICS COMMISSION, AND ENTERTAINMENT 
COMMISSION. Members of the Building Inspec- 
tion Commission, the Planning Commission, the 



Board of Appeals, the Elections Commission, the 
Ethics Commission, and the Entertainment Com- 
mission may be suspended and removed pursu- 
ant to the provisions of subsection (a) of this 
section except that the Mayor may initiate re- 
moval only of the Mayor's appointees and the 
appointing authority shall act in place of the 
Mayor for all other appointees. 

(c) REMOVAL FOR CONVICTION OF A 
FELONY CRIME INVOLVING MORAL TURPI- 
TUDE. 

(1) Officers Enumerated in Subsections (a) 
and (b). 

(A) An appointing authority must immedi- 
ately remove from office any official enumerated 
in subsections (a) or (b) upon: 

(i) a court's final conviction of that official of 
a felony crime involving moral turpitude; and 

(ii) a determination made by the Ethics 
Commission, after a hearing, that the crime for 
which the official was convicted warrants re- 
moval. 

(B) For the purposes of this subsection, the 
Mayor shall act as the appointing authority for 
any elective official. 

(C) Removal under this subsection is not 
subject to the procedures in subsections (a) and 
(b) of this section. 

(2) Other Officers and Employees. 

(A) At will appointees. Officers and employ- 
ees who hold their positions at the pleasure of 
their appointing authority must be removed upon: 

(i) a final conviction of a felony crime involv- 
ing moral turpitude; and 

(ii) a determination made by the Ethics 
Commission, after a hearing, that the crime for 
which the appointee was convicted warrants 
removal. 

(B) For cause appointees. Officers and em- 
ployees who by law may be removed only for 
cause must be removed upon: 

(i) a final conviction of a felony crime involv- 
ing moral turpitude; and 



Sec. 15.105. 



San Francisco - Charter 



246 



(ii) a determination made by the Ethics 
Commission, after a hearing, that the crime for 
which the appointee was convicted warrants 
removal. 

(3) Penalty for Failure to Remove. Failure 
to remove an appointee as required under this 
subsection shall be official misconduct. 

(d) DISQUALIFICATION. 

(1) (A) Any person who has been removed 
from any federal, state. County or City office or 
employment upon a final conviction of a felony 
crime involving moral turpitude shall be ineli- 
gible for election or appointment to City office or 
employment for a period of ten years after re- 
moval. 

(B) Any person removed from any federal, 
state. County or City office or employment for 
official misconduct shall be ineligible for election 
or appointment to City office or emplo3nnent for 
a period of five years after removal. 

(2) (A) Any City department head, board, 
commission or other appointing authority that 
removes a City officer or employee from office or 
emplojrment on the grounds of official miscon- 
duct must invoke the disqualification provision 
in subsection (d)(1)(B) and provide notice of such 
disqualification in writing to the City officer or 
employee. 

(B) Upon the request of any former City 
officer or employee, the Ethics Commission may, 
after a public hearing, overturn the application 
of the disqualification provision of subsection 
(d)(1)(B) if: (i) the decision that the former officer 
or employee engaged in official misconduct was 
not made after a hearing by a court, the Board of 
Supervisors, the Ethics Commission, an admin- 
istrative body, an administrative hearing officer, 
or a labor arbitrator; and (ii) if the officer or 
employee does not have the right to appeal his or 
her restriction on holding future office or employ- 
ment to the San Francisco Civil Service Commis- 
sion. 

(e) OFFICIAL MISCONDUCT. Official mis- 
conduct means any wrongful behavior by a pub- 
lic officer in relation to the duties of his or her 
office, willful in its character, including any 
failure, refusal or neglect of an officer to perform 



any duty enjoined on him or her by law, or 
conduct that falls below the standard of decency, 
good faith and right action impliedly required of 
all public officers and including any violation of a 
specific conflict of interest or governmental eth- 
ics law. When any City law provides that a 
violation of the law constitutes or is deemed 
official misconduct, the conduct is covered by 
this definition and may subject the person to 
discipline and/or removal from office. (Amended 
November 2001; March 2002; November 2003) 

SEC. 15.106. 

(Repealed November 2003) 

SEC. 15.107. REPORTING OF 
CAMPAIGN FINANCING. 

The Board of Supervisors shall, by ordinance, 
prescribe requirements for campaign contribu- 
tions and expenditures and any limitations 
thereon with respect to candidates for elective 
office and ballot measures in the City and County. 

SEC. 15.108. 

(Repealed November 2003) 



[The next page is 255] 



ARTICLE XVI: MISCELLANEOUS PROVISIONS 



Sec. 16.100. 

Sec. 16.101. 

Sec. 16.102. 

Sec. 16.103. 

Sec. 16.104. 

Sec. 16.105. 

Sec. 16.106. 

Sec. 16.107. 

Sec. 16.108. 

Sec. 16.108. 

Sec. 16.109. 

Sec. 16.110. 

Sec. 16.111. 

Sec. 16.112. 



Sec. 16.113. 

Sec. 16.114. 

Sec. 16.115. 

Sec. 16.116. 

Sec. 16.117. 

Sec. 16.118. 

Sec. 16.119. 

Sec. 16.120. 

Sec. 16.122. 



Sec. 16.123. 

Sec. 16.123-1. 
Sec. 16.123-2. 



Reserved. 

Acquisition of Public Utilities. 

Reserved. 

Utility Revenues and 

Expenditures. 

Airport Revenue Fund. 

California Academy of Sciences. 

Cultural, Educational and 

Recreational Appropriations. 

Park, Recreation and Open 

Space Fund. 

Children's Fund. [Effective 
through June 30, 2001] 

Children's Fund. [Effective July 

1, 2001] 

Library Preservation Fund. 

Reserved. 

Franchises. 

Citizen Participation; Public 

Notices, Hearings and Access to 

Public Documents. 

Severability. 

Powers of Inquiry and Review. 

Heading and Captions. 

Appendix A — Employment 

Provisions. 

Appendix B — Port Agreements. 

Appendix C — Ethics Provisions. 

Appendix D — Building 

Inspection Provisions. 

Customer Service Plan. 

Right to Vote on Any Project 

that Would Place 100 Acres or 

IVEore of Fill in San Francisco 

Bay 

Civilian Positions within the 

Police Department. 

Preamble. 

Public Education Enrichment 

Fund. 



Sec. 16.123-3. Arts, IVEusic, Sports, and Library 

Programs. 
Sec. 16.123-4. Universal Access to Preschool. 
Sec. 16.123-5. Other City Support for the San 

Francisco Unified School 

District. 
Sec. 16.123-6. Expenditure Plans. 
Sec. 16.123-7. Structural Savings to the City's 

Budget. 
Sec. 16.123-8. Adjustments. 
Sec. 16.123-9. State Redistribution of Local 

Education Revenues. 
Sec. 16.123-10. Sunset. 

Sec. 16.124. Board of Supervisors Authorized 
to Respond to Certain Orders or 
Requests for the Production of 
City Records. 

Sec. 16.125. Domestic Partnership. 

SEC. 16.100. RESERVED. 

Note: 

Renumbered as § 8A.114 by Proposition A, Ap- 
proved 11/6/2007) 

SEC. 16.101. ACQUISITION OF PUBLIC 
UTILITIES. 

It is the declared purpose and intention of the 
people of the City and County, when public 
interest and necessity demand, that public utili- 
ties shall be gradually acquired and ultiinately 
owned by the City and County. Whenever the 
Board of Supervisors, as provided in Sections 
9.106, 9.107 and 9.108 of this Charter, shall 
determine that the public interest or necessity 
demands the acquisition, construction or comple- 
tion of any public utility or utilities by the City 
and County, or whenever the electors shall peti- 
tion the Board of Supervisors, as provided in 
Sections 9.110 and 14.101 of this Charter, for the 
acquisition of any public utility or utilities, the 
Supervisors must procure a report from the 
Public Utilities Commission thereon. 



255 



Supp. No. 13, January 2008 



Sec. 16.102. San Francisco - Charter 256 

SEC. 16.102. RESERVED. 

Note: 

Renumbered as § 8A.115 by Proposition A, Ap- 
proved 11/6/2007) 



Supp. No. 13, January 2008 



257 



Miscellaneous Provisions 



Sec. 16.104. 



SEC. 16.103. UTILITY REVENUES AND 
EXPENDITURES. 

(a) Receipts from each utility operated by 
the Public Utilities Commission shall be paid 
into the City and County treasury and main- 
tained in a separate fund for each such utility. 
Appropriations from such funds shall be made 
for the following purposes for each such utility in 
the order named: 

1. For the payment of operating expenses, 
pension charges and proportionate payments to 
such compensation and other insurance and ac- 
cident reserve funds as the Commission may 
establish or the Board of Supervisors may re- 
quire; 

2. For repairs and maintenance; 

3. For reconstruction and replacements as 
hereinafter described; 

4. For the payment of interest and sinking 
funds on the bonds issued by the Public Utilities 
Commission pursuant to this charter; 

5. For extensions and improvements; and 

6. For a surplus fund. 

For any utility with outstanding bonds for 
which the indenture requires different payment 
priorities, the bond priorities will control over 
the priorities set forth in this section. 

(b) For the purpose of providing funds for 
reconstruction and replacements due to physical 
and functional depreciation of each of the utili- 
ties under the jmrisdiction of the Commission, 
the Commission must create and maintain a 
reconstruction and replacement fund for each 
such utility, sufficient for the purposes men- 
tioned in this section, and in accordance with an 
established practice for utilities of similar char- 
acter, which shall be the basis for the amount 
necessary to be appropriated annually to provide 
for said reconstruction and replacements. 

(c) If, at the end of any fiscal year, the 
Controller certifies that excess surplus fiinds of a 
utility exist, from hydropower assets or water or 
clean water assets in excess of 25 percent of the 
total expenditures of such utility in the previous 
fiscal year for costs of operation, repair, mainte- 
nance and debt service coverage and required 



debt service reserves, the Public Utilities Com- 
mission may transfer that surplus revenue, in 
whole or in part, to any other utility system 
under the Commission's jurisdiction on the op- 
erative date of this section. 

(d) Any surplus revenue which the Public 
Utilities Commission imanimously finds is not 
required for utihty purposes pursuant to sec- 
tions (a) and (b) of this section may be trans- 
ferred to the General Fund by the Public Utili- 
ties Commission with the concurrence of three- 
fourths of the Board of Supervisors upon making 
all of the following findings of fact and judgment: 

(a) That a surplus exists or is projected to 
exist after meeting the requirements of this 
section; 

(b) That there is no unfunded operating or 
capital program or required reserve that by its 
lack of funding could jeopardize bond ratings, 
health, safety, water supply or power production; 

(c) That there is no reasonably foreseeable 
operating contingency that cannot be funded 
without General Fund subsidy; and 

(d) That such a transfer of funds in all other 
respects reflects prudent utility practice. 

The Commission shall make such findings 
having received reports and an affirmative rec- 
ommendation from the General Manager and a 
public hearing, which shall have received no less 
than 30 days of public notice. 

(e) The provisions of subsection (c) above 
shall not be applied in a manner that would be 
inconsistent with the provisions of any outstand- 
ing or future indentures, resolutions, contracts 
or other agreements of the City and County 
relating to bonded indebtedness issued in con- 
nection with the utility, or with any applicable 
state or federal laws. (Amended November 2002) 

SEC. 16.104. AIRPORT REVENUE FUND. 

Subject to the budget and fiscal provisions of 
this Charter: 

(a) The entire gross revenue of the Airport 
Commission shall be set aside and deposited into 
a fund in the City and County treasury to be 
known as the "Airport Revenue Fund." All 
amounts paid into the Fund shall be maintained 



Sec. 16.104. 



San Francisco - Charter 



258 



by the Treasurer separate and apsirt from all 
other City and County funds and shall be se- 
cured by the Treasurer's official bond or bonds. 

Separate accounts shall be kept with respect 
to receipts and disbursements of each airport 
under the jurisdiction of the Commission. 

(b) Monies in the Airport Revenue Fund 
including earnings thereon shall be appropri- 
ated, transferred, expended or used for the fol- 
lowing purposes pertEiining to the financing, main- 
tenance and operation of airports and related 
facilities owned, operated or controlled by the 
Commission and only in accordance with the 
following priority: 

1. The payment of operation and mainte- 
nance expenses for such airports or related fa- 
cilities; 

2. The payment of pension charges and pro- 
portionate payments to such compensation and 
other insurance or outside reserve funds as the 
Commission may establish or the Board of Su- 
pervisors may require with respect to employees 
of the Commission; 

3. The payment of principal, interest, re- 
serve, sinking fund and other mandatory fands 
created to secure revenue bonds hereafter issued 
by the Commission for the acquisition, construc- 
tion or extension of airports or related facilities 
owned, operated or controlled by the Commis- 
sion; 

4. The pajrment of principal and interest on 
general obligation bonds heretofore or hereafter 
issued by the City and County for airport pur- 
poses; 

5. Reconstruction and replacement as deter- 
mined by the Commission or as required by any 
airport revenue bond ordinance duly adopted 
and approved; 

6. The acquisition of land, real property or 
interest in real property for, and the acquisition, 
construction, enlargement and improvement of 
new and existing buildings, structures, facilities, 
utilities, equipment, appliances and other prop- 
erty necessary or convenient for the development 
or improvement of any airports and heliports 
owned, controlled or operated by the Commis- 



sion in the promotion and accommodation of air 
commerce or navigation and matters incidental 
thereto; 

7. The return and repajnnent into the Gen- 
eral Fund of the City and County of any sums 
paid by the City and County fi'om funds raised by 
taxation for the pajonent of interest on and 
principal of any general obligation bonds previ- 
ously issued by the City and County for the 
acquisition, construction and improvement of 
the San Francisco International Airport; 

8. For any other lawful purpose of the Com- 
mission including, but not limited to, transfer to 
the General Fund during each fiscal year of 25 
percent, or such lesser percentage as the Board 
of Supervisors shall establish, of the non-airline 
revenues as a return upon the City and County's 
investment in the Airport. "Non- airline" rev- 
enues means all airport revenues from whatever 
source less revenues from airline rentals and 
charges to airlines for use of Airport facilities. 

SEC. 16.105. CALIFORNIA ACADEMY OF 
SCIENCES. 

All buildings and improvements erected by or 
under the authority of the California Academy of 
Sciences, in or on property owned or controlled 
by the City and County, including but not limited 
to the Steinhart Aquarium, the original Natural 
History Museum, the Simson African Hall and 
the additions housing, among other things, the 
Alexander F. Morrison Planetarium and Audito- 
rium, are the property of the City and County. 
However, the buildings and improvements, and 
the activities and personnel therein shall be 
managed and controlled exclusively by the Cali- 
fornia Academy of Sciences, except that employ- 
ees of the City and County shall be subject to the 
personnel provisions of this Charter and their 
compensation fixed in accordance with this Char- 
ter and City and County funds are subject to the 
financial provisions of this Charter. 

The California Academy of Sciences shall 
submit to the Mayor and Board of Supervisors an 
annual financial statement of its activities in 
connection with the operation of the buildings 
described in this section. 



259 



Miscellaneous Provisions 



Sec. 16.107. 



Nothing herein shall abrogate any trust by 
which any property of the California Academy of 
Sciences has been acquired. 

SEC. 16.106. CULTURAL, 
EDUCATIONAL AND RECREATIONAL 
APPROPRIATIONS. 

The Board of Supervisors shall annually ap- 
propriate: 

1. To the Arts Commission, the revenue 
from a tax of one-eighth of one cent ($0.00125) 
per one hundred dollars ($100) of taxable as- 
sessed valuation in the City and County for 
maintaining a sjnnphony orchestra; 

2. To the Asian Art Commission, an amount 
sufficient for the purpose of maintaining, display- 
ing, and providing for the security of the City 
and County's collection of Asian art; 

3. To the California Academy of Sciences, 
funds necessary for the maintenance, operation 
and continuance of the Steinhart Aquarium; the 
Board of Supervisors shall have the power to 
furnish to the California Academy of Sciences 
such funds as the Board shall deem proper for 
the maintenance, operation and continuance of 
any or all other of the buildings and improve- 
ments placed under the control of the California 
Academy of Sciences; 

4. To the Fine Arts Museums Board of Trust- 
ees, an amount sufficient for the purpose of 
maintaining, operating, providing for the secu- 
rity of, expanding and superintending the fine 
arts museums and for the purchase of objects of 
art, literary productions and other personal prop- 
erty; 

5. To the War Memorial and Performing 
Arts Center Board of Trustees, an amount suffi- 
cient to defray the cost of maintaining, operating 
and caring for the War Memorial and Performing 
Arts Center; 

6. To the Library Commission, the revenue 
from a minimum tax of one cent ($0.01) per 
hundred dollars ($100) of taxable assessed valu- 
ation for constructing, maintaining and improv- 
ing the library system of the City and County; 



7. To the Recreation and Park Commission, 
the revenue from a minimum tax of two and 
one-half cents ($0,025) per one hundred dollars 
($100) of taxable assessed valuation for construct- 
ing, maintaining and improving parks and 
squares, and the revenue from a minimum tax of 
one and three quarter cents ($0.0175) per one 
hundred dollars ($100) of taxable assessed valu- 
ation for constructing, maintaining and improv- 
ing playgrounds; and 

8. To the Arts Commission, for the City and 
County-owned Community Cultural Centers, an 
amount sufficient for the purpose of maintain- 
ing, operating, providing for the security and 
superintending of their facilities and grounds, 
and for the purchase of objects of art, literary 
productions, and other property, and for their 
expansion and continuance in the City and County 
of San Francisco. 

SEC. 16.107. PARK, RECREATION AND 
OPEN SPACE FUND. 

(a) Establishment of Fund. There is hereby 
established the Park, Recreation and Open Space 
Fund ("Fund") to be administered by the Recre- 
ation and Park Department ("Department") as 
directed by the Recreation and Park Commission 
("Commission"). Monies therein shall be ex- 
pended or used solely by the Department, subject 
to the budgetary and fiscal provisions of the 
Charter, to provide enhanced park and recre- 
ational services and facilities. 

(b) Annual Set-aside. The City will continue 
to set aside from the annual tax levy, for a period 
of thirty years starting with the fiscal year 
2000-2001, an amount equivalent to an annual 
tax of two and one-half cents ($0,025) for each 
one hundred dollars ($100) assessed valuation. 
Revenues obtained thereby shall be in addition 
to, and not in place of, any sums normally 
budgeted for the Department and, together with 
interest, shall be deposited into the Park, Recre- 
ation and Open Space Fund. 

The Controller shall set aside and maintain 
such an amount, together with any interest 
earned thereon, in the Fund, and any amount 
unspent or uncommitted at the end of the fiscal 



Sec. 16.107. 



San Francisco - Charter 



260 



year shall be carried forward to the next fiscal 
year and, subject to the budgetary and fiscal 
limitations of this Charter, shall be appropriated 
then or thereafter for the purposes specified in 
this Section. 

(c) Enhanced Revenue and Efficiency Incen- 
tives for the Department. It is the policy of the 
City and County of San Francisco to give the 
Department greater incentives to improve opera- 
tional efficiencies and to increase revenue. In- 
creases in revenues and savings shall be dedi- 
cated as follows: 

1. Actual net increases in Department-gen- 
erated revenues, compared to the previous 
fiscal year, shall be dedicated to capital 
and/or facility maintenance improvements 
to park and recreational facilities; 

2. New revenues from outside sources, such 
as grant or foundation support, shall be 
used only for enhancement of park and 
recreational programs, including, but not 
limited to, capital and/or facility mainte- 
nance improvements; and 

3. Overall Department expenditure savings 
shall be retained by the Department to be 
dedicated to one-time expenditures. 

The City shall implement its efforts to in- 
crease revenues in a manner consistent with the 
City's policy of charging City residents a lower 
fee than that charged nonresidents for the use 
and enjoyment of Department property. 

(d) Revenue Bond Authority. Notwithstand- 
ing the limitations set forth in Sections 9.107, 
9.108, and 9.109 of this Charter, the Commission 
may request, and upon recommendation of the 
Mayor the Board of Supervisors may authorize, 
the issuance of revenue bonds or other evidences 
of indebtedness, or the incurrence of other obli- 
gations, secured by the Park, Recreation and 
Open Space Fund for acquisition, construction, 
reconstruction, rehabilitation and/or improve- 
ment of real property and/or facilities and for the 
purchase of equipment. 

(e) Fund Expenditures on Commission Prop- 
erty. Any real property acquired with monies 
from the Fund, including the proceeds of obliga- 
tions issued pursuant to subsection (d), above, 



shall be placed under the jurisdiction of the 
Commission within the meaning of Section 4.113. 
Fund expenditures to improve, construct, recon- 
struct or rehabilitate real property shall be lim- 
ited to property under the jurisdiction of the 
Commission or property under the jurisdiction of 
another City department or public agency and 
subject to an agreement with the Department for 
its use, management and maintenance. 

(f) Use and Allocation of the Fund. Each 
year, the Commission shall adopt a budget for 
the allocation and expenditure of the Fund in 
compliance with the budget and fiscal provisions 
of the Charter, which shall be adopted by the 
Commission only after a written determination 
by the Planning Department of conformity with 
the City's General Plan. 

The annual budget for allocation of the Fund 
that is adopted by the Commission and submit- 
ted by the Mayor to the Board of Supervisors 
shall include: 

1. Allocations for after-school recreation pro- 
grams, urban forestry, community gar- 
dens, volunteer programs, and a signifi- 
cant natural areas management program 
in the amounts allocated for each of those 
programs from the Park and Open Space 
Fund in the Department's fiscal year 1999- 
2000 budget, to the extent that such pro- 
grams are not so funded in the 
Department's operating budget or in the 
budget of another City department. 

2. An allocation necessary to ensure that 3% 
of the monies to be deposited in the Fund 
during the upcoming fiscal year pursuant 
to subsection (b), above, be available at the 
start of the fiscal year as an undesignated 
contingency reserve. 

3. An allocation of not less than 5% of the 
monies to be deposited in the Fund during 
the upcoming fiscal year pursuant to sub- 
section (b), above. These monies shall be 
dedicated to the acquisition of real prop- 
erty identified in the Capital Plan dis- 
cussed in subsection (g), below. Any por- 
tion of these monies that remains unspent 
or uncommitted at the end of any fiscal 



261 



Miscellaneous Provisions 



Sec. 16.107. 



year shall be carried forward, with inter- 
est thereon, to the next fiscal year for the 
purposes set forth herein. The 5% alloca- 
tion need not be included in the budget 
submitted to the Board of Supervisors for 
an upcoming fiscal year to the extent that 
the total City expenditure for acquisition 
of property to be placed under the jurisdic- 
tion of the Commission for the period 
commencing with fiscal year 2000-01 and 
ending with the close of the immediately 
preceding fiscal year exceeds an amount 
equal to 5% of the total amount appropri- 
ated, or to be appropriated, to the Fund for 
the period commencing with fiscal year 
2000-01 and ending with the close of the 
upcoming fiscal year. 

Prior to the adoption of the annual budget by 
the Recreation and Park Commission, the De- 
partment, in conjunction with the Citizens Advi- 
sory Committee discussed in subsection (h), be- 
low, shall conduct two public hearings in the 
evenings or on weekends to permit the public to 
comment on the Department's full budget and 
programming allocations. 

(g) Planning and Reporting Measures. The 
Commission shall adopt several long-term plans 
that include, but are not limited to, the following: 

1. Strategic Plan. By December 1, 2000, the 
Department shall prepare, for Commis- 
sion consideration and approval, a five- 
year Strategic Plan, to be updated annu- 
ally, that establishes or reaffirms the 
mission, vision, goals and objectives for 
the Department. This Strategic Plan will 
be used to guide the Department's work 
over the next five years. 

2. Capital Plan. By December 1, 2000, the 
Department shall prepare, for Commis- 
sion consideration and approval, a five- 
year Capital Plan, to be updated annually, 
for the development, renovation, replace- 
ment and maintenance of capital assets, 
and the acquisition of real property. In its 
Capital Plan the Department shall pro- 

. pose specific properties to be acquired for 
open space, recreation facilities, signifi- 



cant natural areas, and other recreational 
purposes and shall prioritize capital and 
maintenance improvements and provide 
budgets associated with such improve- 
ments. Capital and acquisition projects 
will be designated by the Department based 
upon needs identified by the Department 
and the community. Capital projects will 
include the planning, design and construc- 
tion of projects that rehabilitate, restore or 
replace existing facilities or that develop 
new facilities. Acquisition projects will in- 
clude, but will not be limited to, purchase, 
lease, exchange, eminent domain, license 
or any other vehicle giving the City a 
right, whether revocable or not, to use real 
property, or any interest therein, or any 
improvement or development rights 
thereon, for recreational purposes, includ- 
ing, but not limited to, protection of natu- 
ral resources, development of community 
gardens and development of urban trails, 
provided that, notwithstanding anything 
herein to the contrary, no acquisition of 
less than fee simple title may be for a term 
of less than ten years. 

3. Operational Plan. By December 1, 2001, 
the Department shall prepare, for Com- 
mission consideration and approval, a five- 
year Operational Plan, to be updated an- 
nually, detailing proposed improvements 
to the Department's services and respon- 
siveness to customer needs. The annual 
Operational Plan will serve as a tool for 
improving the operational efficiency of the 
Department and will include measurable 
performance standards for the Depart- 
ment. The Department shall prepare the 
initial Operational Plan after conducting a 
performance audit of Departmental opera- 
tions. Thereafter, the Department will con- 
duct periodic performance audits. 
The Commission shall establish a community 
input process, which may include the Citizens 
Advisory Committee discussed in section (h), 
below, through which citizens of the City and 
County of San Francisco will provide assistance 
to the Commission as it develops criteria and 



Sec. 16.107. 



San Francisco - Charter 



262 



establishes the plans required by this subsec- 
tion. Prior to the adoption of each five-year plan, 
the Department shall conduct at least five hear- 
ings in locations distributed geographically 
throughout the City to receive and to consider 
the public's comments upon the plan. The Com- 
mission shall ensure that at least two of these 
hearings are held in the evenings or on week- 
ends for the public's convenience. 

The Department shall report annually, as a 
part of the City's budget process, to the Mayor 
and to the Board of Supervisors, on the status of 
the plans and on the status of Department goals, 
objectives and capital project timelines for the 
current fiscal year, as well as provide reports on 
performance measures required by this Section. 

(h) Citizens Advisory Committee. The Board 
of Supervisors shall establish, by ordinance, a 
Citizens Advisory Committee. 

(i) Environmental and Design Guidelines. 
The Commission shall adopt written environmen- 
tal and design guidelines for new facilities, parks, 
and open spaces and the renovation or rehabili- 
tation of existing facilities, parks, and open spaces. 
These guidelines shall be consistent with any 
applicable standards of the Art and Planning 
Commissions. 

(]) Capital Projects. Notwithstanding the pro- 
visions of Section 3.104 of this Charter, the 
Commission shall have the authority to prepare 
and approve the plans, specifications and esti- 
mates for all contracts and orders, and to award, 
execute and manage all contracts and orders, for 
capital projects on real property under its juris- 
diction or management. Capital projects sup- 
ported by the Fund, other than those projects 
identified by the Department as long-term projects, 
must be fully constructed within three years of 
the initial budget allocation for those projects. 
Long-term projects must be fully constructed 
within five years of the initial budget allocation. 
Any exceptions to this provision must be autho- 
rized by a two-thirds vote of the Commission. 

The Recreation and Park Department and 
the Department of Public Works ("DPW") shall 
establish a committee to develop a written, capi- 
tal implementation program, for the consider- 



ation of both Departments, that will govern 
DPW's involvement in capital projects under- 
taken by the Recreation and Park Department. 
In developing this program, the committee shall 
consider the Capital Plan discussed in subsec- 
tion (g), above, staffing levels in both Depart- 
ments, and the availability of other resources. 

(k) Unspent Funds. All unspent funds in 
the Park and Open Space Fund on June 30, 2000 
shall continue to be held for the use and benefit 
of the Department. These monies shall be ex- 
pended in a manner consistent with the general 
purposes for which they were originally appro- 
priated. 

In addition to the requirements set forth by 
this Section, all expenditures from the Fund 
shall be subject to the budget and fiscal provi- 
sions of the Charter. (Amended March 2000) 

SEC. 16.108. CHILDREN'S FUND. 
[Effective through June 30, 2001] 

(a) There is hereby established a fund to 
expand children's services, which shall be called 
the Children's Fund and shall be maintained 
separate and apart from all other City and 
County funds and appropriated by annual or 
supplemental appropriation. Monies therein shall 
be expended or used solely to provided expanded 
services for children as provided in this section. 

(b) There is hereby set aside for the Fund, 
from the revenues of the property tax levy, rev- 
enues in an amount equivalent to an annual tax 
of one and one-quarter cents ($.0125) per one 
hundred dollars ($100) of assessed valuation for 
the first fiscal year which begins 90 days or more 
after the election which approves this section, 
and revenues equivalent to an annual tax of two 
and one half cents ($.025) per one hundred 
dollars ($100) of assessed valuation for each of 
the following nine fiscal yeai'S. The Treasurer 
shall set aside and maintain such amount, to- 
gether with any interest earned thereon, in the 
Fund, and any amounts unspent or uncommitted 
at the end of any fiscal year shall be carried 
forward to the next fiscal year and, subject to the 



263 



Miscellaneous Provisions 



Sec. 16.108. 



budgetary and fiscal limitations of this Charter, 
shall be appropriated then or thereafter for the 
purposes specified in this section. 

(c) Monies in the Fund shall be used exclu- 
sively to provide services to children less than 18 
years old, above and beyond services funded 
prior to adoption of this section. To this end, 
monies from the Fund shall not be appropriated 
or expended to fund services provided during 
fiscal year 1991-1992, whether or not the cost of 
such services increases, or appropriated or ex- 
pended for services which substitute for or re- 
place services provided during fiscal years 1990- 
1991 or 1991-1992, except and solely to the 
extent of services for which the City ceases to 
receive federal, state or private agency funds, 
which the funding agency required to be spent 
only on the services in question. 

(d) Services for children eligible for Fund 
assistance shall include only child care; job readi- 
ness, training and placement programs; health 
and social services (including pre-natal services 
to pregnant adult women); education programs; 
recreation; delinquency prevention; and library 
services, in each case for children. 

Services for children paid for by the Fund 
shall not include: 

1. For example, and not for purposes of 
limitation, services provided by the Police De- 
partment or other law enforcement agencies; by 
courts, the District Attorney, Public Defender or 
City Attorney; by the Fire Department; deten- 
tion or probation services mandated by state or 
federal law; or public transportation; 

2. Any service which benefits children inci- 
dentally or as members of a larger population 
including adults; 

3. Any service for which a fixed or mini- 
mum level of expenditure is mandated by state 
or federal law, to the extent of the fixed or 
minimum level of expenditure; 

4. Acquisition of any capital item not for 
primary and direct use by children; 

5. Acquisition (other than by lease for a 
term often years or less) of any real property; or 



6. Maintenance, utilities or any similar op- 
erating costs of any facility not used primarily 
and directly by children, or of any recreation or 
park facility (including a zoo), library, facility, or 
hospital. 

(e) During each fiscal year, a minimum of 
25 percent of such funds shall be used for child 
care, a minimum of 25 percent for job readiness, 
training and placement, and a minimum of 25 
percent for health and social services for children 
(including pre-natal services for pregnant adult 
women). Beginning with the fifth fiscal year 
during which funds are set aside under this 
section, the Board of Supervisors may modify or 
eliminate these minimum requirements. 

(f) No later than December of each calendar 
year, the Mayor shall prepare and present to the 
Board of Supervisors a Children's Services Plan. 
The Plan shall propose goals and objectives for 
the Fund for the fiscal year beginning the follow- 
ing July 1, propose expenditures of monies fi-om 
the Fund for the fiscal year beginning the follow- 
ing July 1 and designate the City department 
which would administer the funded programs. In 
connection with preparation of the Plan, and 
prior to the date required for presentation to the 
Board of Supervisors, the Health Commission, 
Juvenile Probation Commission, Human Ser- 
vices Commission, Recreation and Parks Com- 
mission and Public Library Commission shall 
each hold at least one public hearing on the Plan. 
Joint hearings may be held to satisfy this require- 
ment. Any or all of the commissions may also 
hold additional hearings before or after presen- 
tation of the Plan. 

(g) The Fund shall be used exclusively to 
increase the aggregate City appropriations and 
expenditures for those services for children which 
are eligible to be paid from the Fund (exclusive of 
expenditures mandated by state or federal law). 
To this end, the City shall not reduce the amount 
of such City appropriations for eligible services 
(not including appropriations from the Fund and 
exclusive of expenditures mandated by state or 
federal law) in any of the ten years during which 
funds are required to be set aside under this 
section below the higher of the amount so appro- 



Sec. 16.108. 



San Francisco - Charter 



264 



priated for the fiscal year 1990-1991 or the 
amount so appropriated for the fiscal year 1991- 
1992, in either case as adjusted. Not later than 
three months after the election which approves 
this section, the Controller shall calculate and 
publish the applicable base amount, specifying 
by department and program each amount in- 
cluded in the base amount. The base amount 
shall be adjusted for each year after the base 
year, based on calculations consistent from year 
to year, by the percentage increase or decrease in 
aggregate City appropriations from the base 
year, as estimated by the Controller. Errors in 
the Controller's estimate of appropriations for a 
fiscal year shall be corrected by an adjustment in 
the next year's estimate. For purposes of this 
subsection, aggregate City appropriations shall 
not include funds granted to the City by private 
agencies or appropriated by other public agen- 
cies and received by the City. Within 90 days 
following the end of each fiscal year through 
2001-2002, the Controller shall calculate and 
publish the actual amount of City appropriations 
for services for children which are eligible to be 
paid from the Fund (exclusive of expenditures 
mandated by state or federal law). 

SEC. 16.108. CHILDREN'S FUND. 
[Effective July 1, 2001] 

(a) Fund for Children's Services. Opera- 
tive July 1, 2001, there is hereby established a 
fund to expand children's services, which shall 
be called the Children's Fund ("Fund"). Monies 
in the Fund shall be expended or used only to 
provide services for children as provided in this 
section. 

(b) Goals. The goals of expenditures from 
the Fund shall be: 

(1) To ensure that San Francisco's children 
are healthy, ready to learn, succeed in school and 
live in stable, safe, and supported families and 
communities; 

(2) To reach children in all neighborhoods; 

(3) To the maximum extent reasonable, to 
distribute funds equitably among services for 
infants and preschoolers, elementary school age 
children and adolescents; 



(4) To focus on the prevention of problems 
and on supporting and enhancing the strengths 
of children, youth and their families; 

(5) To strengthen collaboration between the 
City and County of San Francisco and the San 
Francisco Unified School District; 

(6) To fill gaps in services and to leverage 
other resources whenever feasible; and 

(7) To foster projects initiated by San Fran- 
cisco youth. 

(c) Amount. There is hereby set aside for 
the Fund, from the revenues of the property tax 
levy, revenues in an amount equivalent to an 
annual tax of three cents ($.03) per one hundred 
dollars ($100) of assessed valuation for each 
fiscal year beginning with July 1, 2001- June 30, 
2002, and ending with July 1, 2015-June 30, 
2016. If the 2010 U. S. Census shows that 
children make up a percentage of the population 
of the City and County that is at least two 
percentage points more than their percentage as 
shown in the 2000 U. S. Census, then the amount 
of the property tax levy set aside under this 
section shall be increased for each fiscal year 
beginning after publication of the 2010 Census. 
The increase shall be in an amount equal to: 
one-quarter cent ($.0025) per one hundred dol- 
lars of assessed valuation, for each two full 
percentage points of increase in the percentage 
of the City and County population that is made 
up of children. The Fund shall be maintained 
separate and apart from all other City and 
County funds and appropriated by annual or 
supplemental appropriation. 

(d) New Services. Monies in the Fund 
shall be used exclusively for the costs of services 
to children less than 18 years old provided as 
part of programs that predominantly serve chil- 
dren less than 18 years old, above and beyond 
services funded from sources other than the 
previous Children's Fund prior to July 1, 2001. 
To this end, monies from the Fund shall not be 
appropriated or expended for services that re- 
ceived any of the funds included in the higher of 
the Controller's baseline budget covering July 1, 
2000-June 30, 2001 appropriations, or the 
Controller's baseline budget covering July 1, 



265 



Miscellaneous Provisions 



Sec. 16.108. 



1999-June 30, 2000 appropriations, whether or 
not the cost of such services increases. Nor shall 
monies from the Fund be appropriated or ex- 
pended for services that substitute for or replace 
services included or partially included in the 
higher of the two baseline budgets, except and 
solely to the extent that the City ceases to 
receive federal, state or private agency funds 
that the funding agency required to be spent only 
on those services. The Controller's baseline bud- 
get shall mean the Controller's calculation of the 
actual amount of City appropriations for services 
for children that would have been eligible to be 
paid from the Fund but are paid from other 
sources. 

(e) Eligible Services. Services for children 
eligible for Fund assistance shall include only: 

(1) Affordable child care and early educa- 
tion; 

(2) Recreation, cultural and after-school pro- 
grams, including without limitation, arts pro- 
grams; 

(3) Health services, including prevention, 
education, mental health, and pre-natal services 
to pregnant women; 

(4) Training, employment and job place- 
ment; 

(5) Youth empowerment and leadership de- 
velopment; 

(6) Youth violence prevention programs; 

(7) Youth tutoring and educational enrich- 
ment programs; and 

(8) Family and parent support services for 
families of children receiving other services from 
the Fund. 

(f) Excluded Services. Notwithstanding 
subsection (e), services for children paid for by 
the Fund shall not include: 

(1) Services provided by the Police Depart- 
ment or other law enforcement agencies, courts, 
the District Attorney, Public Defender, City At- 
torney; or the Fire Department; detention or 
probation services mandated by state or federal 
law; or public transportation; 



(2) Any service that benefits children inci- 
dentally or as members of a larger population 
including adults; 

(3) Any service for which a fixed or mini- 
mum level of expenditure is mandated by state 
or federal law, to the extent of the fixed or 
minimum level of expenditure; 

(4) Acquisition of any capital item not for 
primary and direct use by children; 

(5) Acquisition (other than by lease for a 
term of ten years or less) of any real property; or 

(6) Maintenance, utilities or any similar 
operating costs of any facility not used primarily 
and directly by children, or of any recreation or 
park facility (including a zoo), library, or hospi- 
tal. 

(g) Baseline. The Fund shall be used exclu- 
sively to increase the aggregate City appropria- 
tions and expenditures for those services for 
children that are eligible to be paid from the 
Fund (exclusive of expenditiu-es mandated by 
state or federal law). To this end, the City shall 
not reduce the amount of such City appropria- 
tions for eligible services (not including appro- 
priations from the Fund and exclusive of expen- 
ditures mandated by state or federal law) in any 
of the fifteen years during which funds are 
required to be set aside under this section below 
the amount so appropriated for the fiscal year 
2000-2001 ("the base year") as set forth in the 
Controller's baseline budget, as adjusted ("the 
base amount"). The base amount shall be ad- 
justed for each year after the base year by the 
Controller based on calculations consistent from 
year to year by the percentage increase or de- 
crease in aggregate City and County discretion- 
ary revenues. In determining aggregate City and 
County discretionary revenue, the Controller shall 
only include revenues received by the City and 
County that are unrestricted and may be used at 
the option of the Mayor and the Board of Super- 
visors for any lawful City purpose. The method 
used by the Controller to determine discretion- 
ary revenues shall be consistent with method 
used by the Controller to determine the Library 
and Children's Baseline Calculations dated June 
20, 2000, which the Controller shall place on file 



Sec. 16.108. 



San Francisco - Charter 



266 



with the Clerk of the Board in File No. 000952. 
Errors in the Controller's estimate of discretion- 
ary revenues for a fiscal year shall be corrected 
by an adjustment in the next year's estimate. 
Within 90 days following the end of each fiscal 
year through 2014-2015, the Controller shall 
calculate and publish the actual amount of City 
appropriations for services for children that would 
have been eligible to be paid from the Fund but 
are paid from other sources, separately identify- 
ing expenditures mandated by state or federal 
law. 

(h) Three-Year Planning Cycle. To pro- 
vide time for community participation and plan- 
ning, and to ensure program stability, appropria- 
tions from the Fund for all fiscal years beginning 
after June 30, 2004 shall be made pursuant to a 
three-year planning cycle as set forth in subsec- 
tions (h) through (1). During every third fiscal 
year beginning with the 2001-2002 fiscal year, 
the City shall prepare a Community Needs As- 
sessment to determine services eligible to receive 
moneys from the Fund. During every third fiscal 
year beginning with the 2002-2003 fiscal year, 
the City shall prepare a Children's Services and 
Allocation Plan ("the Plan"), based on the Com- 
munity Needs Assessment approved during the 
previous year. The Board of Supervisors may 
modify an existing Community Needs Assess- 
ment or Plan, provided that any modification 
shall occur only after a noticed public hearing. 
All appropriations from the Fund shall be con- 
sistent with the most recent Plan, provided that 
the Board of Supervisors may approve an amend- 
ment to the Plan at the same time it approves an 
appropriation. 

(i) Community Needs Assessment and 
Children's Services and Allocation Plan. 

(1) The Community Needs Assessment and 
the Plan shall be in writing, shall be made 
available to the public in draft form not later 
than January 31 of each fiscal year in which they 
are required, shall be presented by March 31 of 
each such fiscal year to the commissions listed in 
subsection (m)(3) for review and comment, and 
by April 30 of each such fiscal year shall be 
presented to the Board of Supervisors for ap- 
proval. 



(2) Prior to preparation of each draft Com- 
munity Needs Assessment, the City shall hold at 
least one public hearing in each geographical 
area defined in Charter Section 13.110. The City 
shall also make available opportunities for par- 
ents, youth, and agencies receiving monies from 
the Fund to provide information for the Commu- 
nity Needs Assessment. The Community Needs 
Assessment shall include the results of a City- 
wide survey of parents and youth to be conducted 
by the Controller every three years. 

(3) The Plan shall include all services for 
children furnished or funded by the City or 
funded by another governmental or private en- 
tity and administered by the City, whether or not 
they received or may receive monies from the 
Fund. The Plan shall be outcome-oriented and 
include goals, measurable and verifiable objec- 
tives and measurable and verifiable outcomes. 

(4) The Plan shall state how all services 
receiving money from the Fund will be coordi- 
nated with other children's services. The Plan 
shall specify amounts of funding to be allocated: 
(i) toward achieving specified goals, measurable 
and verifiable objectives and measurable and 
verifiable outcomes, (ii) to specified service mod- 
els; and (iii) for specific populations and neigh- 
borhoods. The Plan shall also state the reasons 
for the allocations and demonstrate how the 
allocations are consistent with the Community 
Needs Assessment. A minimum of three percent 
of the funding allocated under the Plan shall be 
for youth-initiated projects. 

(j) Evaluation. The Plan shall include an 
evaluation of services that received money from 
the Fund at any time during the last three fiscal 
years. The evaluation shall involve those who 
use the funded services and other parents and 
youth. 

(k) Failure of Board to Act. If the Board 
of Supervisors has not approved a Community 
Needs Assessment before the first day of the 
fiscal year during which the Plan is to be pre- 
pared, the Plan shall be based on the Commu- 
nity Needs Assessment as originally submitted 
to the Board of Supervisors. 



267 



Miscellaneous Provisions 



Sec. 16.109. 



(1) Selection of Contractors. Except for 
services provided by City employees, the Fund 
shall be expended through contractors selected 
based on their responses to one or more requests 
for proposals issued by the City. The City shall 
award contracts to coincide with the City's fiscal 
year starting July 1. 

(m) Implementation. 

(1) In implementation of this section, facili- 
tating public participation and maximizing avail- 
ability of information to the public shall be 
primary goals. 

(2) So long as there exists within the execu- 
tive branch of City government a Department of 
Children, Youth and Their Families, or an equiva- 
lent department or agency as its successor, that 
department shall administer the Children's Fund 
and prepare the Community Needs Assessment 
and the Plan pursuant to this section. If no such 
department or agency exists, the Mayor shall 
designate a department or other City body to 
administer the Children's Fund pursuant to this 
section. 

(3) In addition to all other hearings other- 
wise required, the Recreation and Park, Juvenile 
Probation, Youth, Health and Human Services 
Commissions shall each hold at least one sepa- 
rate or joint hearing each fiscal year to discuss 
issues relating to this section. The Department 
of Children, Youth and Their Families, or other 
agency as described above in section (m)(2), shall 
consult with the Recreation and Park Depart- 
ment, Arts Commission, Juvenile Probation De- 
partment, Unified School District, Health De- 
partment, Department of Human Services, 
Commission on the Status of Women, Police 
Department, Library Department and Municipal 
Transportation Agency in preparation of por- 
tions of the Community Needs Assessment and 
the Plan that relate to their respective activities 
or areas of responsibility. 

(4) The Board of Supervisors may by ordi- 
nance implement this section. 

(n) Advisory Committee. There shall be a 
Children's Fund Citizens' Advisory Committee 
("the Committee") that shall consist of 15 mem- 
bers, each appointed by the Mayor to a three- 



year term, to serve at the Mayor's pleasure. At 
least three members of the Committee shall be 
parents and at least three members shall be less 
than 18 years old at the time of appointment. For 
each of the following areas, there shall be at least 
one Committee member with professional exper- 
tise in that area: early childhood development, 
childcare, education, health, recreation and youth 
development. The Committee shall meet at least 
quarterly, and shall advise the department or 
agency that administers the Children's Fund 
and the Mayor concerning the Children's Fund. 
The Committee shall convene by July 1, 2001. 
Each member of the Committee shall receive 
copies of each proposed Community Needs As- 
sessment and each Plan (including the evalua- 
tion required as part of the Plan). Members of 
the Committee shall serve without pay, but may 
be reimbursed for expenses actually incurred. 

(o) Unspent Funds. All unspent funds in 
the Children's Fund created by former Charter 
Section 16.108 shall be transferred to the 
Children's Fund established herein. 

(p) Effect of Procedural Errors. No ap- 
propriation, contract or other action shall be held 
invalid or set aside by reason of any error, 
including without limitation any irregularity, 
informality, neglect or omission, in canying out 
procedures specified in subsections (h) through 
(n) unless a court finds that the party challeng- 
ing the action suffered substantial injury from 
the error and that a different result would have 
been probable had the error not occurred. 
(Amended November 2000) 

SEC. 16.109. LIBRARY PRESERVATION 
FUND. 

(a) Establishment of Fund. There is hereby 
established the Library Preservation Fund ("the 
Fund") to be administered by the Library Depart- 
ment as directed by the Library Commission. 
Monies therein shall be expended or used solely 
by the Library Department, subject to the bud- 
getary and fiscal provisions of the Charter, to 
provide library services and to construct, main- 
tain and operate library facilities. 



Supp. No. 13, January 2008 



Sec. 16.109. 



San Francisco - Charter 



268 



(b) Annual Set-Aside. The City will con- 
tinue to set aside from the annual property tax 
levy, for a period of fifteen years steirting with 
the fiscal year 2008-2009 an amount equivalent 
to an annual tax of two and one-half cents 
($0,025) for each one hundred dollars ($100) 
assessed valuation ("Annual Set-Aside"). 

The Controller shall set aside and maintain 
such an amount, together with any interest 
earned thereon, in the Fund, Revenues obtained 
from the Annual Set-Aside shall be in addition 
to, and not in place of, any General Fund monies 
appropriated to the Library pursuant to subsec- 
tion (c). 

(c) Baseline — Maintenance of Effort. 

The Annual Set-Aside shall be used exclusively 
to increase the aggregate City appropriations 
and expenditures for services, materials, facili- 
ties and equipment that will be operated by the 
Library for Library purposes. To this end, in any 
of the fifteen years during which fimds are 
required to be set aside under this Section, the 
City shall not reduce the Baseline for the Library 
Department below the fiscal year 2006-2007 Re- 
quired Baseline Amount (as calculated by the 
Controller), except that the Baseline shall be 
adjusted as provided below. 

The Baseline shall be adjusted for each year 
after fiscal year 2006-2007 by the Controller 
based on calculations consistent from year to 
year, by the percentage increase or decrease in 
aggregate City and County discretionary rev- 
enues. In determining aggregate City and County 
discretionary revenues, the Controller shall only 
include revenues received by the City which are 
unrestricted and may be used at the option of the 
Mayor and the Board of Supervisors for any 
lawful City purpose. Errors in the Controller's 
estimate of discretionary revenues for a fiscal 
year shall be corrected by adjustment in the next 
year's estimate. For purposes of this subsection, 
(i) aggregate City appropriations shall not in- 
clude funds granted to the City by private agen- 
cies or appropriated by other public agencies £ind 
received by the City, and (ii) Library Department 
appropriations shall not include funds appropri- 
ated to the Library Department to pay for ser- 



vices of other City departments or agencies, 
except for departments or agencies for whose 
specific services the Library Department was 
appropriated funds in fiscal year 2006-2007. 
Within 180 days following the end of each fiscal 
year through fiscal year 2023-2024, the Control- 
ler shall calculate and publish the actual amount 
of City appropriations for the Library Depart- 
ment. 

The Controller shall set aside and maintain 
such baseline amounts, together with any inter- 
est earned thereon, in the Fund. 

At the end of each fiscal year, the Controller 
shall pro-rate any monies from the annual Base- 
line and the Annual Set-Aside that remain un- 
committed in the Fund, and the Baseline portion 
of such amount shall be returned to the General 
Fund. The Annual Set-Aside portion of such 
amount shall be carried forward to the next 
fiscal year and shall be appropriated then or 
thereafter for the purposes specified in this Sec- 
tion. 

Adjustments in the Controller's estimate of 
the Baseline, including any baseline changes 
required from increases or decreases to City 
revenues after budget adoption, along with ad- 
justments to the Annual Set-Aside for a fiscal 
year shall be corrected by credits or adjustment 
to be carried forward and added to the annual 
City appropriation for next fiscal year and, sub- 
ject to the budgetary and fiscal limitations of this 
Charter, shall be appropriated then or thereafter 
for the purposes specified in this Section. 

(d) Debt Authority. Notwithstanding the 
limitations set forth in Sections 9.107, 9.108, and 
9.109 of this Charter, the Library Commission 
may request, and upon recommendation of the 
Mayor the Board of Supervisors may authorize, 
the issuance of revenue bonds or other evidences 
of indebtedness or the incurrence of lease financ- 
ing or other obligations (the "Debt Obligations"), 
the proceeds of which are to be used for the 
acquisition, construction, reconstruction, reha- 
bilitation and/or improvement of real property 
and/or facilities that will be operated by the 
Library for Library purposes and for the pur- 
chase of equipment relating to such real property 



Supp. No. 13, January 2008 



269 



Miscellaneous Provisions 



Sec. 16.109. 



and/or facilities. Such Debt Obligations shall be 
secured by and/or repaid from any available 
funds pledged or appropriated by the Board of 
Supervisors for such purpose, which amount 
may include funds in the Fund allocated under 
subsection (e)(3) below. Funds appropriated to 
pay debt service on the Debt Obligations in such 
fiscal year under the terms of this Section shall 
be set aside in an account for such use until such 
pa3nTient is made. 

(e) Spending Priorities. The Annual Set- 
Aside and monies carried over from prior fiscal 
years in the Fund shall be expended in accor- 
dance with the following priorities: 

1. Such allocations as are necessary for the 
Library Department to operate the Main Li- 
brary, which includes a library for the blind, no 
fewer than 27 neighborhood branch libraries, 
and an auxiliary technical services facility, with 
1211 permanent service hours per week system 
wide and the permanent service hours at each 
neighborhood branch library as set by the Li- 
brary Commission as of November 6, 2007, which 
may be modified only as provided by subsection 
(f). 

2. Such allocations as are necessary to pro- 
vide for library services and collections in all 
formats in order to meet the current and chang- 
ing needs of San Francisco communities, as the 
Library Commission in its sole discretion shall 
approve. 

3. Notwithstanding the priorities set forth 
in this subsection, a portion of the Annual Set- 
Aside may be used each fiscal year to pay debt 
service relating to Debt Obligations issued or 
incurred by the City under subsection (d) above. 
To ensure that debt service payments do not 
reduce overall funding available for other Li- 
brary priorities from current levels, debt service 
may be payable from the Annual Set-Aside in 
any fiscal year in an amount no greater than: 

A. the annual debt service that would be 
payable under a financing with the term and 
principal amount reflected in a Library Commis- 
sion request for bond issuance under subsection 
(d) above; and 



B. the aggregate growth of the Annual Set- 
Aside amount and the Baseline amount over the 
base fiscal year 2006-07. 

Amounts on deposit in the Annual Set- 
Aside in excess of such annual debt service 
shall be used according to the other priori- 
ties of this subsection. 

4. To the extent there are unexpended funds 
remaining in the Fund after the requirements of 
paragraphs 1 through 3 have been satisfied, such 
funds may be used for any lawful purpose of the 
Library Department; provided that no such funds 
shall be used for debt service payments in any 
fiscal year in excess of the amount allowed under 
clause (3) above. 

(f) Library Service Hours. Except as pro- 
vided below in paragraphs 3 and 4, the Library 
Commission shall maintain at least 1211 perma- 
nent service hours per week system wide and the 
permanent hours at any neighborhood branch 
Library until July 1, 2013. As of that date, the 
Library Commission may modify permanent ser- 
vice hours per week system wide and at specific 
neighborhood branch libraries for succeeding five- 
year intervals, or at shorter intervals as the 
Commission may adopt, and in accordance with 
the following procedures: 

1. No later than March 1, 2013, and for 
each service hour interval thereafter, the Library 
Commission shall establish a community input 
process, which may include an informal survey 
of library users and meetings with the Library 
Citizens Advisory Committee, Council of Neigh- 
borhood Libraries and neighborhood groups, 
through which citizens of the City and County of 
San Francisco may provide assistance to the 
Library Commission as it develops criteria to set 
system wide and branch service hours for the 
upcoming interval. Prior to setting service hours 
for the next interval, the Library Department 
shall conduct at least one hearing in each super- 
visorial district to receive and consider the public's 
comments about existing and potential Library 
service hours. The Library Commission shall 
ensure that at least six of these hearings, dis- 



Supp. No. 13, January 2008 



Sec. 16.109. 



San Francisco - Charter 



270 



tributed geographically throughout the City, are 
held in the evenings or on weekends for the 
public's convenience. 

2. Following the hearings in Paragraph 1, 
and based on the public input, a comprehensive 
assessment of needs, and the anticipated ad- 
equacy of library resources, the Library Commis- 
sion may, as of July 1, 2013, modify the system 
wide and individual neighborhood branch ser- 
vice hours for the next five-year interval or such 
shorter interval as the Library Commission may 
adopt. The Library Commission shall repeat this 
public process and set service hours at least once 
every five years for the duration of the Fund. 

3. The service hours requirement set in 
subsection (e)(1) and any modifications thereto 
made pursuant to this subsection shall be tem- 
porarily reduced by the normal operating hours 
for any neighborhood branch temporarily closed 
for construction, renovation or maintenance pur- 
poses. In such cases, the Library Department 
shall add temporary services elsewhere by add- 
ing temporary hours at nearby branches, provid- 
ing bookmobile services, securing programming 
partners in the affected neighborhoods, or simi- 
lar means. 

4. If library services at any branch or sys- 
tem wide are interrupted due to fire, earthquake 
or other emergency, the Library Department 
shall be relieved of these service hour require- 
ments, provided that the Library Department 
shall provide service hours consistent with such 
exigent circumstances. 

(g) Unspent Funds. All unspent funds in 
the Fund on November 6, 2007 shall continue to 
be held for the use and benefit of the Library 
Department. These monies shall be expended to 
construct, maintain and operate library facilities 
as provided herein. (Amended by Proposition D, 
Approved 11/6/2007) 

SEC. 16.110. RESERVED. 

Editor's Note: 

Repealed by Proposition A, Approved November 6, 
2007. 



SEC. 16.111. FRANCHISES. 

The Board of Supervisors shall have the 
power by ordinance to grant to any person, firm 
or corporation, any franchise, including any re- 
newal, extension, transfer or amendment thereof, 
for the use of any public right-of- way or public 
place within the boundaries of the City for the 
purpose of providing services to customers. Fran- 
chises may be granted only by a competitive 
process. Each franchise shall contain a specific 
and definite termination date which shall not be 
more than 25 years after its first effective date. 

SEC. 16.112. CITIZEN PARTICIPATION; 
PUBLIC NOTICES, HEARINGS AND 
ACCESS TO PUBLIC DOCUMENTS. 

The publication of and full public access to 
public documents, except for those subject to 
confidentiality, shall be as required by law. 

Notice shall be published in a timely manner 
before any public hearing, and shall include a 
general description of said hearing. 

Notice shall be given, and public hearings 
held before: 

(a) Any facility used by the public, includ- 
ing but not limited to libraries and health facili- 
ties, shall be closed, eliminated, or its level of 
services reduced, or prior to the leasing, selling 
or transfer of management of said facility; 

(b) Any significant change in the operating 
schedule or route of a street railway, bus line, 
trolley bus line or cable car line is adopted; 

(c) Any fee, schedule of rates, charges or 
fares which affects the public is instituted or 
changed; should any such action be approved, 
the result shall also be noticed; or 

(d) Any amendment to the general plan, 
change in zoning or change in land use is adopted. 

In addition, notice shall be given for the 
following: 

(e) Any sale, lease, rental, encumbrance or 
exchange of real property held by the City and 
County; 

(f) Special assessment districts and pro- 
tests of special assessment districts; 



Supp. No. 13, January 2008 



270.1 



Miscellaneous Provisions 



Sec. 16.116. 



(g) Requests for bids or proposals for the 
purchase or lease of materials, supplies, equip- 
ment, services, construction, work or improve- 
ments involving expenditure of $50,000 or more; 
notice shall also be given after any such award is 
made; the Board may by ordinance reduce the 
dollar threshold for such notice; and 

(h) Polling places and precinct officers for 
any election. 

SEC. 16.113. SEVERABILITY. 

If any provision of this Charter, or its appli- 
cation to any person or circumstances is held 
invalid, the remainder of this Charter, and the 
application of such provision to other persons or 
circumstances, shall not be affected. 

SEC. 16.114. POWERS OF INQUIRY AND 
REVIEW. 

The Mayor, the City Administrator, the Con- 
troller, or any board or commission appointed by 
the Mayor, relative solely to the affairs under its 
control, may require such periodic or special 
reports of departmental costs, operations and 
expenditures, examine the books, papers, records 
and accounts of, and inquire into matters affect- 
ing the conduct of any department or office of the 
City and County, and for that purpose may hold 
hearings, subpoena witnesses, administer oaths 
and compel the production of books, papers, 
testimony and other evidence. The Board of 
Supervisors shall have the same powers of in- 
quiry and review, including the power to issue 
subpoenas and compel the production of evi- 
dence, with respect to matters affecting the con- 
duct of any department or office of the City and 
County. 

SEC. 16.115. HEADING AND CAPTIONS. 

The headings and captions in this Charter 
shall have no bearing on the meaning of the text, 
which shall be the exclusive source for interpre- 
tation and construction. 



this Charter as "Appendix A — Employment Pro- 
visions," except that in instance of conflict or 
inconsistency between these sections of the Char- 
ter of 1932 and the body of this Charter, this 
Charter shall prevail, and subject to the follow- 
ing limitations and amendments: 

1. All references to sections of "the Charter" 
or "this Charter" shall be construed to refer to 
the Charter of 1932, as defined above; 

2. All definitions or descriptions included 
through such references shall remain in force, 
unless in conflict or inconsistent with definitions 
or descriptions in this Charter, or unless amended 
by the Board of Supervisors; and 



SEC. 16.116. APPENDIX A— 
EMPLOYMENT PROVISIONS. 

The following sections of the Charter of 1932, 
as amended, shall remain in effect as a part of 



Supp. No. 13, January 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 13, January 2008 



271 



Miscellaneous Provisions 



Sec. 16.120. 



3. Effective upon adoption of this Charter, 
references to "wife," "surviving spouse," "widow" 
or "widower" shall be construed to include 
"spouse," or "surviving spouse." 

The following sections from the Charter of 
1932, as amended, shall be included in Appendix 
A with full force and effect, and each shall be 
designated with a prefix "A": 

7.204 Contractors' Working 

Conditions 



8.329 




Certification of Eligibles 


8.341 




Removal or Discharge of Per- 
manent, Non-Probationary 
Employees 


8.342- 


-8.344 


DiscipUnary Suspensions; Po- 
lice and Fire Department 
Suspensions; Exoneration of 
Charges 


8.345- 


-8.346 


Disciplinary Action-Strikes 


8.364 




Catastrophic Sick Leave 


8.400- 


-8.406 


Salaries and Wages for Teach- 
ers, Mtmi, Police, Fire and 
Miscellaneous Employees 


8.409- 


-8.409-6 


Collective Bargaining 


8.410- 


-8.411 


Expenses 


8.420- 


-8.429 


Health Service System 
Benefits 


8.430 [1st f] 


"Medical Care" Defined 


8.431- 


-8.432 


Health Service System 
Benefits 



8.440—8.441 Vacations 

8.450—8.452 Hours and Tours of Duty 

8.500—8.517 Retirement System 

8.518—8.588-15 Retirement System 

8.590-1—8.590-7 Collective Bargaining for 
Fire, Police and Airport 
Police 

The provisions of Appendix A may be amended 
only pursuant to the provisions of state law 
governing charter amendments. 



SEC. 16.117. APPENDIX B— PORT 
AGREEMENTS. 

The following sections from the Charter of 
1932, as amended, shall be included in Appendix 
B with full force and effect, and each shall be 
designated with a prefix "B": 

3.581—3.585 Port Transfer Agreement 



6.406 



7.305 



Harbor Revenues and 
Expenditures 



Revenue Bonds of the Port 

Commission 
The provisions of Appendix B may be amended 
only pursuant to the provisions of state law 
governing charter amendments. 

SEC. 16.118. APPENDIX C— ETHICS 
PROVISIONS. 

The following sections of the Charter of 1932, 
as amended, shall be included in Appendix C 
with full force and effect, and each shall be 
designated with a prefix "C": 

3.699-10—3.699-16 Ethics Commission 

Procedures 
The provisions of Appendix C may be amended 
only pursuant to the provisions of state law 
governing charter amendments. (Amended No- 
vember 2003) 

SEC. 16.119. APPENDIX D— BUILDING 
INSPECTION PROVISIONS. 

The following sections from the Charter of 
1932, as amended, shall be included in Appendix 
D with full force and effect, and each shall be 
designated with a prefix "D": 

3.750—3.750-8 Department of Building 

Inspection 
The provisions of Appendix D may be amended 
only pursuant to the provisions of state law 
governing charter amendments. 

SEC. 16.120. CUSTOMER SERVICE 
PLAN. 

Each department of the City and County 
shall adopt an annual Customer Service Plan, in 
a format to be determined by the Board of 
Supervisors by ordinance. The Board m^ay excuse 



Sec. 16.120. 



San Francisco - Charter 



272 



a department from particular requirements of 
the ordinance where comphance would be inap- 
propriate or impractical. Each department shall 
file its Customer Service Plan with the Board of 
Supervisors no later than February 1st of each 
year, along with a report on how the department 
met the previous year's Plan, if any. (Added 
November 1998) 

SEC. 16.122. RIGHT TO VOTE ON ANY 
PROJECT THAT WOULD PLACE 100 
ACRES OR MORE OF FILL IN SAN 
FRANCISCO BAY. 

(a) The qualified electors of the City and 
County shall have the right to vote on any 
Project of the City and County that would place 
100 acres or more of fill in San Francisco Bay. 

(b) Notwithstanding any contrary provi- 
sions of the Charter, the approval of any Project 
that would place 100 acres or more of fill in San 
Francisco Bay shall be conditioned upon the 
affirmative vote of a majority vote of the elector- 
ate. 

(c) Within three (3) business days of such 
conditional approval by any department, board, 
commission, or other unit of government of the 
City and County, including any board, commis- 
sion or other unit of government of the City and 
County of San Francisco established by state or 
federal law that is subject to the provisions of the 
San Francisco Charter, of any Project that would 
place 100 acres or more of fill in San Francisco 
Bay, the approving entity shall provide written 
notice thereof to the Director of Elections who 
shall place the measure required by this Section 
on the ballot at the first general municipal or 
statewide election which occurs at least one 
hundred and twenty (120) days after said notice 
is received by the Director. 

(d) Ballot measures generated and placed 
on the ballot pursuant to this Section are not 
exempt from the California Environmental Qual- 
ity Act nor any other federal, state or local 
environmental laws and regulations to which the 
Project may be subject. Before any action is 
taken by the City and County to approve a 
Project that is required by this Section to be 



submitted to the electorate, the Project must 
comply with the California Environmental Qual- 
ity Act. If compliance requires the preparation, 
consideration and certification of an Environmen- 
tal Impact Report, that process shall be finalized 
prior to project approval and the information 
contained in the final certified Environmental 
Impact Report shall be made publicly available 
to the electorate for its consideration prior to the 
election. 

(e) The general statement of the ballot mea- 
sure to be voted on, pursuant to this Section, 
shall read as follows: 

Shall the voters approve (insert name of project) 
that would fill in (insert number) acres of San 
Francisco Bay? Yes or No 

The name of the Project to be inserted into the 
general statement shall be determined by the 
City Attorney pursuant to Section 510 of the San 
Francisco Elections Code, or any subsequent 
amended or renumbered version of Section 510. 

(f) Definitions. Words and phrases used in 
this Section shall have the meanings specified in 
the San Francisco Charter, except that the fol- 
lowing words and phrases as used in this Section 
shall have the following meanings: 

"Project" or "Project of the City and County" 
shall mean any activity proposed, sponsored, 
initiated, or funded by any department, board, 
commission, or other unit of government of the 
City and County of San Francisco including any 
board, commission or other unit of government of 
the City and County of San Francisco estab- 
lished by state or federal law that is subject to 
provisions of the San Francisco Charter. 

"Place fill" or "fill in" shall mean to introduce, 
or cause to be introduced, earth or any other 
substance or material, including pilings or struc- 
tures placed on pilings, and structures floating 
at some or all times and moored for extended 
periods. 

(g) If any part or provision of this Section, 
or the application thereof to any person or cir- 
cumstance is held invalid, the remainder of this 
Section, including the application of such part or 
provision to other persons or circumstances, shall 
not be affected thereby and shall continue in full 



273 



Miscellaneous Provisions 



Sec. 16.123-1. 



force and effect. To this end, provisions of this 
Section are severable. (Added November 2001) 

SEC. 16.123. CIVILIAN POSITIONS 
WITHIN THE POLICE DEPARTMENT. 

(a) The Controller shall review sworn and 
civilian staffing needs in the San Francisco Po- 
lice Department. As part of that review, the 
Controller shall review police staffing levels and 
patterns in comparable jurisdictions, and best 
practices regarding police staffing. 

The Controller and the Chief of Police shall 
also audit all positions in the Police Department 
and identify those positions that must be filled 
by sworn officers and those that could be filled by 
civilian personnel or that, under best practices in 
other jurisdictions, typically are filled by civilian 
personnel. 

In conducting these studies, the Controller 
and the Chief of Police shall consult with the 
Board of Supervisors' Budget Analyst, the Direc- 
tor of the Department of Human Resources, and 
a representative of the bargaining unit represent- 
ing sworn members of the Police Department. 

Upon the completion of these studies, the 
Controller and the Chief of Police shall forward 
to the Mayor and the Board of Supervisors a list 
of positions in the Police Department currently 
filled by sworn officers that could be filled by 
civilian personnel. 

Upon submission of the list of positions to the 
Mayor and the Board of Supervisors, the provi- 
sions of subsection (a) shall expire and the City 
Attorney shall cause them to be deleted fi:om 
future publications of the Charter, and shall 
cause the remaining provisions to be relettered 
accordingly. 

(b) Positions may only be converted from 
sworn to civilian as they become vacant. No 
sworn officer shall be laid off in order to convert 
a position to civilian personnel. 

If the Mayor and the Board of Supervisors 
convert positions from sworn officers to civilian 
personnel through the budget process, the mini- 
mum staffing level set in Section 4.127 shall be 
reduced by the same number of positions if the 
Controller and the Chief of Police jointly certify 



that the reduction will not decrease the number 
of police officers dedicated to neighborhood com- 
munity policing, patrol and investigations and 
will not substantially interfere with the delivery 
of police services or the ability of the Police 
Department to protect the public in the event of 
an emergency. (Added March 2004) 

SEC. 16.123-1. PREAMBLE. 

(a) The people of the City and County of 
San Francisco find and declare that: 

1. Quality public education is highly corre- 
lated with higher earnings potential, reduced 
crime, lower rates of teen pregnancy and sub- 
stance abuse, and greater self-esteem; 

2. Urban public schools have the greatest 
need for comprehensive educational programs- 
including preschool programs, arts and music 
programs, sports activities, and after school pro- 
grams-but often have the fewest resources to 
provide them; 

3. While California once led the nation in 
public school spending and performance, invest- 
ments have greatly declined. Despite its high 
cost of living, San Francisco per pupil spending 
ranks 34th among 43 comparable central City 
U.S. public school districts of similar size. As of 
2001, adjusted for cost-of-living, teacher salaries 
for the San Francisco Unified School District 
(SFUSD) ranked 99th of 100 metropohtan areas; 

4. SFUSD enrollment has dropped in recent 
years as families have left San Francisco in 
search of affordable neighborhoods with high- 
quality public schools; 

5. The choices businesses make about where 
to locate include the quality of public services the 
City provides, including public safety, transpor- 
tation and education; 

6. Since 2000, the SFUSD has made strong 
improvements in achievement measures and fi- 
nancial management; and 

7. As the economy begins to recover, now is 
the time to invest in our children's future, before 
further declines begin to erode the progress the 
SFUSD has made. 



Sec. 16.123-1. 



San Francisco - Charter 



274 



(b) This measure may be referred to as "The 
Arts, Music, Sports, and Pre-School for Every 
Child Amendment of 2003." (Added March 2004) 

SEC. 16.123-2. PUBLIC EDUCATION 
ENRICHMENT FUND. 

(a) Creating the Fund. There shall be a 
Public Education Enrichment Fund. The City 
shall each year appropriate monies to the Public 
Education Enrichment Fund according to sub- 
sections (b), (c), and (d), below. In determining 
whether the City has met its annual obligation 
to the Fund, the Mayor and the Board of Super- 
visors may consider both direct financial support 
and the cash value of any in-kind support ser- 
vices, as described in Section 16.123-5, provided 
by the City to the San Francisco Unified School 
District and the Children and Families First 
Commission (hereinafter the "First Five Commis- 
sion") or any successor agency, provided that at 
least two-thirds of the City's contribution to the 
Fund each year shall be comprised of direct 
financial support necessary to meet the require- 
ments of Sections 16.123-3 and 16.123-4 of this 
measure. 

(b) Baseline Appropriations. The Fund 
shall be used exclusively to increase the aggre- 
gate City appropriations to and expenditures for 
the San Francisco Unified School District. To 
this end, the City shall not reduce the amount of 
such City appropriations (not including appro- 
priations from the Fund and exclusive of expen- 
ditures mandated by state or federal law) in any 
of the eleven years during which funds are 
required to be set aside under this Section below 
the amount so appropriated for the fiscal year 
2002-2003 ("the base year"). These baseline ap- 
propriations shall be separate from the City's 
annual contributions to the Public Education 
Enrichment Fund under subsection (c), and shall 
be appropriated by the City to the School District 
each year during the term of this measure for the 
same purposes and in the same relative propor- 
tions among those purposes as in the base year, 
as certified by the Controller. 

The amount of the City's baseline appropria- 
tions to the School District shall be adjusted for 
each year after the base year by the Controller 



based on calculations consistent from year to 
year by the percentage increase or decrease in 
City and County discretionary General Fund 
revenues. In determining City and County dis- 
cretionary General Fund revenues, the Control- 
ler shall only include revenues received by the 
City and County that are unrestricted and may 
be used at the option of the Mayor and the Board 
of Supervisors for any lawful City purpose. Er- 
rors in the Controller's estimate of discretionary 
revenues for a fiscal year shall be corrected by an 
adjustment in the next year's estimate. Using 
audited financial results for the prior fiscal year, 
the Controller shall calculate and publish the 
actual amount of City appropriations that would 
have been required under this baseline for the 
School District. 

(c) Annual Contributions to the 
Fund— FY 2005-2006 through FY 2009-2010. 
In addition to the annual baseline appropriation 
provided above, the City shall, for years two 
through six of this measure, contribute the fol- 
lowing amounts to the Public Education Enrich- 
ment Fund: 

Fiscal Year 2005-06 $ 10 million 

Fiscal Year 2006-07 $ 20 milhon 

Fiscal Year 2007-08 $ 30 milhon 

Fiscal Year 2008-09 $ 45 milhon 

Fiscal Year 2009-10 $ 60 milhon 

(d) Annual Contributions to the Fund-FY 
2010-11 through FY 2014-15. For Fiscal Years 
2010-11 through FY 2014-15, the City's annual 
contribution to the Public Education Enrichment 
Fund shall equal its total contribution for the 
prior year, beginning with Fiscal Year 2009- 
2010, adjusted for the estimated increase or 
decrease in discretionary General Fund rev- 
enues for the year. 

(e) Audit Requirements. All disburse- 
ments from the Fund and from the baseline 
appropriations shall be subject to periodic audit 
by the Controller. The San Francisco Unified 
School District and the First Five Commission 
shall agree to such audits as a condition of 
receiving disbursements from the Fund. (Added 
March 2004) 



275 



Miscellaneous Provisions 



Sec. 16.123-5. 



SEC. 16.123-3. ARTS, MUSIC, SPORTS, 
AND LIBRARY PROGRAMS. 

Each year during the term of this measure, 
the City shall appropriate one-third of the money 
in the Public Education Enrichment Fund to the 
San Francisco Unified School District for arts, 
music, sports, and library programs in the schools. 
(Added March 2004) 

SEC. 16.123-4. UNIVERSAL ACCESS TO 
PRESCHOOL. 

(a) Universal Access to Preschool. It shall 
be the policy of the City and County of San 
Francisco to provide all four-year-old children 
who are City residents the opportunity to attend 
preschool, and it shall be the goal of the people in 
adopting this measure to do so no later than 
September 1, 2009. 

(b) Planning Process. No later than Sep- 
tember 1, 2004, the First Five Commission, in 
consultation with the San Francisco Childcare 
Planning and Advisory Council, the San Fran- 
cisco Unified School District, the San Francisco 
Department of Children, Youth and Their Fami- 
lies, and community stakeholders, shall submit 
to the Board of Supervisors a proposal for a 
universal preschool program for San Francisco. 
The Board of Supervisors shall approve the plan 
by resolution; if the Board does not approve the 
plan, it may refer the plan back to the First Five 
Commission for revision. 

In preparing the plan, the First Five Com- 
mission shall develop universal preschool fund- 
ing guidelines consistent with the Childcare Plan- 
ning and Advisory Council's San Francisco 
Childcare Needs Assessment, including guide- 
lines designed to meet neighborhood-specific 
needs, such as subsidies, new facility develop- 
ment, and provider support for both family child- 
care homes and childcare centers. Such funding 
guidelines also shall address the unmet need for 
universal preschool and childcare slots in spe- 
cific City neighborhoods. 

(c) Annual Disbursements. Each year dur- 
ing the term of this measure, the City shall 
appropriate one-third of the money in the Public 
Education Enrichment Fund to the First Five 



Commission for universal preschool programs 
administered by the Commission. (Added March 
2004) 

SEC. 16.123-5. OTHER CITY SUPPORT 
FOR THE SAN FRANCISCO UNIFIED 
SCHOOL DISTRICT. 

(a) In-Kind Support. Not later than one 
year after the effective date of this measure, the 
City and the School District shall identify areas 
of potential in-kind support that the City could 
provide to the School District free of charge or at 
substantially reduced rates. In-kind support, for 
these purposes, may include, but is not limited 
to: 

Learning support services, including health, 
counseling, social work, and nutrition ser- 
vices; 

Financial support services; 

Telecommunication and information services; 

Construction management services; 

Utility services; 

Transportation services; 

Legal services; and 

Public safety services. 

(b) Planning Process. No later than six 
months after the effective date of this measure, 
the School District shall submit to the Board of 
Supervisors proposals for in-kind services that 
could be provided by the City to the District to 
further the educational goals and operations of 
the District. The Board shall distribute those 
proposals to all City departments having exper- 
tise in providing or capability to provide such 
in-kind services, and no later than nine months 
after the effective date of this measure, the 
departments will respond to the Board with 
proposals to provide such in-kind services to the 
District. The School District may use any direct 
financial support provided under this Section to 
hire consultants to help identify possible in-kind 
services. The Board of Supervisors may, by ordi- 
nance, provide for continuation of this planning 
process during the subsequent term of the mea- 
sure. 



Sec. 16.123-5. 



San Francisco - Charter 



276 



(c) Annual Disbursements. Each year dur- 
ing the term of this measure, the City shall 
provide direct financial assistance from the Pub- 
lic Education Enrichment Fund to the San Fran- 
cisco Unified School District, in an amount equal 
to one-third of the money in the Fund, or in-kind 
support services of equal value. 

(d) Permissible Uses. The San Francisco 
Unified School District may expend funds pro- 
vided as direct financial support under this Sec- 
tion for any educational or support purpose pro- 
vided under law, including, but not limited to, 
gifted and talented programs, magnet programs, 
literacy programs, dual-language immersion pro- 
grams, special education, employee compensa- 
tion, career and college centers at high schools, 
teacher mentoring or master teacher programs, 
or other instructional purposes. The City recog- 
nizes that in providing such programs and ser- 
vices, a well-run school district requires both 
certificated and classified staff, and urges the 
San Francisco Unified School District to hire 
both certificated and classified staff to carry out 
the purposes of this measure. 

(e) Within one year of the effective date of 
this measure, the School District, with the assis- 
tance of the City's Department of Public Health, 
Department of Human Services, and Depart- 
ment of Children, Youth, and Their Families, 
shall conduct an assessment of health, counsel- 
ing, social work, and nutritional needs of pupils 
in the District, including problems related to 
asthma and other chronic diseases. The City 
may appropriate a specific portion of the disbiu'se- 
ment under this Section through its annual 
appropriation process for these purposes, pursu- 
ant to recommendations from the School Dis- 
trict. (Added March 2004) 

SEC. 16.123-6. EXPENDITURE PLANS. 

(a) No later than February 1 of each year 
during the term of this measure, the San Fran- 
cisco Unified School District and the First Five 
Commission shall each submit an expenditure 
plan for funding to be received from the Public 
Education Enrichment Fund for the upcoming 
fiscal year. The proposed expenditure plans must 
include prior year total budgeted and expended 



appropriations and Fund budgeted and ex- 
pended appropriations by category, as well as 
average daily attendance information for the 
prior year and anticipated average daily atten- 
dance information for the plan year, to facilitate 
multi-year comparison. 

(b) The Controller shall review the plans 
and transmit them, with his or her comments, to 
the Mayor and the Board of Supervisors for their 
review and comment. 

(c) The plans shall include a budget for the 
expenditures, performance goals, target popula- 
tions, hiring and recruitment plans for person- 
nel, plans for matching or other additional fund- 
ing, operating reserves, and any other matters 
that the District and Commission deem appro- 
priate or the Mayor or the Board requests. 

(d) TheMayor and the Board of Supervisors 
may request further explanation of items in- 
cluded in the plans, and the District and the 
Commission shall respond in a timely manner to 
such inquiries. The Board may place appropria- 
tions provided for under this measure on reserve 
until it has received adequate responses to its 
inquiries. (Added March 2004) 

SEC. 16.123-7. STRUCTURAL SAVINGS 
TO THE CITY'S BUDGET. 

(a) Controller's and Budget Analyst's 
Recommendations. Not later than October 1 of 
each fiscal year from Fiscal Year 2005-06 through 
2009-10, the Controller and the Board of Super- 
visors' Budget Analyst shall prepare and submit 
recommended cuts or other structural changes to 
reduce, on an ongoing basis, spending on City 
departmental operations, or identify new rev- 
enues, in an amount sufficient to meet each 
year's required funding for the Public Education 
Enrichment Fund. 

(b) Board of Supervisors' Proposals. Not 

later than December 15 of each fiscal year from 
Fiscal Year 2005-06 through Fiscal Year 2009-10, 
the Board of Supervisors shall hold hearings on 
the recommendations made by the Controller 
and the Budget Analyst and shall forward its 
proposals to the Mayor. 



277 



Miscellaneous Provisions 



Sec. 16.123-8. 



(c) Budget Requirements. In his/her an- 
nual budget submission to the Board of Supervi- 
sors for each fiscal year from Fiscal Year 2005-06 
through Fiscal Year 2009-10, the Mayor shall 
incorporate the Board of Supervisors' proposals, 
or identify alternative revenue or expenditure 
savings sufficient to appropriate funds to the 
Public Education Enrichment Fund according to 
the schedule set forth in Section 16.123-2 of this 
measure. (Added March 2004) 

SEC. 16.123-8. ADJUSTMENTS. 

(a) In any year of this measure, if the joint 
budget report as prepared by the Controller, the 
Mayor's Budget Director and the Board of Super- 
visors' Budget Analyst projects a budgetary short- 
fall of $100 million dollars or more, the Mayor 
and the Board of Supervisors may reduce the 
City's contribution to the Public Education En- 
richment Fund under Section 16.123-2, and its 
disbursements under Sections 16.123-3, 16.123-4, 
or 16.123-5, by up to 25 percent; provided, how- 
ever, that the City must pay back the amount 
deferred within the period from June 30, 2015, 
the last day of the term of this measure, and 
June 30, 2018, a date three years later, unless 
the voters extend this measure beyond July 1, 
2015 or authorize a substantially similar mea- 
sure at that time. 

(b) Audit Recommendations. The Mayor 
and the Board of Supervisors may suspend the 
City's disbursements from the baseline appro- 
priations or the Public Education Enrichment 
Fund under Sections 16.123-3, 16.123-4, or 
16.123-5 in whole or in part for any year where 
the Controller certifies that the San Francisco 
Unified School District or the First Five Commis- 
sion has failed to adopt audit recommendations 
made by the Controller, 

As part of the audit function, the Controller 
shall review performance and cost benchmarks 
developed by the School District and the First 
Five Commission in consultation with the Con- 
troller for programs funded under this measure. 
The Commission's performance and cost bench- 
marks shall be based on the same performance 
and cost benchmarks as are required for other 
City departments, and on comparisons with other 



cities, counties, and public agencies performing 
similar functions. The School District's perfor- 
mance and cost benchmarks shall be based on 
similar standards. 

In particular, the Controller shall assess: 

(1) Measures of workload addressing the 
level of service being provided or providing an 
assessment of need for a service; 

(2) Measures of efficiency including cost per 
unit of service provided, cost per unit of output, 
or the units of service provided per fall time 
equivalent position; and 

(3) Measures of effectiveness including the 
quality of service provided, citizen perceptions of 
quality, and the extent a service meets the needs 
for which it was created. 

The Controller's audits may address the ex- 
tent to which the School District and the First 
Five Commission have met their respective per- 
formance and cost benchmarks. 

(c) Reserve Policies. The Mayor and the 
Board of Supervisors may suspend the City's 
disbursements from the baseline appropriations 
or the Public Education Enrichment Fund under 
Sections 16.123-2, 16.123-4, or 16.123-5 in whole 
or in part for any year where the Controller 
certifies that the San Francisco Unified School 
District or the First Five Commission has failed 
to adopt reserve policies recommended by the 
Controller. 

(d) Transfer and Use of Suspended Dis- 
tributions. If the Mayor and the Board of Su- 
pervisors suspend City distributions from the 
baseline appropriations or the Public Education 
Enrichment Fund under subsections (b) or (c), 
the City shall transfer the amount that would 
otherwise be distributed from the baseline ap- 
propriations or the Public Education Enrich- 
ment Fund for that year to the Children's Fund 
established in Charter Section 16.108, for the 
provision of substantially equivalent services 
and programs. 

(e) New Local Revenues. The Board of 
Supervisors may, by ordinance, proportionally 
reduce the contribution to the Public Education 
Enrichment Fund and the disbursements to the 
San Francisco Unified School District and the 



Sec. 16.123-8. 



San Francisco - Charter 



278 



First Five Commission required by this measure 
if the voters of San Francisco adopt new, dedi- 
cated revenue sources for the School District or 
the Commission, and the offsetting reduction in 
disbursements is specifically authorized by the 
local revenue measure. 

(f) New State Revenues. The Board of 
Supervisors may, by ordinance, proportionally 
reduce the contribution to the Public Education 
Enrichment Fund and the disbursements to the 
San Francisco Unified School District required 
by this measure if the percentage increase in 
per-pupil Revenue Limit funding provided by the 
State of California to the San Francisco Unified 
School District in any fiscal year exceeds the 
percentage increase in the City's cost of living 
during the previous fiscal year. 

The Board of Supervisors may, by ordinance, 
proportionally reduce the contribution to the 
Public Education Enrichment Fund and the dis- 
bursements to the First Five Commission if the 
State of California provides funding to the City 
for universal preschool, provided that such dis- 
bursements are not required to match state 
and/or other funding. 

(g) Eighteen months prior to the expiration 
of this measure, the Controller shall conduct a 
complete analysis of the outcomes of the pro- 
grams funded through the Public Education En- 
richment Fund. The Controller's study shall also 
address changes in the levels of state and federal 
funding for local schools, per-pupil spending in 
the San Francisco Unified School District com- 
pared to urban school districts of similar size. 
The Controller shall present the results of this 
analysis to the Mayor and the Board of Supervi- 
sors no later than nine months prior to the 
expiration of the measure. (Added March 2004) 

SEC. 16.123-9. STATE REDISTRIBUTION 
OF LOCAL EDUCATION REVENUES. 

(a) The people of the City and County of 
San Francisco find and declare that major urban 
school districts, such as San Francisco, serve an 
ethnically and economically diverse student popu- 
lation that requires more resources than cur- 
rently provided under state guidelines. In adopt- 



ing this measure, the people of San Francisco 
choose to provide additional City resources to 
complement, and not supplant, state funding for 
the San Francisco Unified School District. 

(b) Consistent with subsection (a), the people 
of the City and County of San Francisco specifi- 
cally find that their contributions to and disburse- 
ments from the baseline appropriations and the 
Public Education Enrichment Fund are discre- 
tionary expenditures by the City for the direct 
benefit of the children of San Francisco, their 
families, and the community at large. In the 
event that the State attempts, directly or indi- 
rectly, to redistribute these expenditures to other 
jurisdictions or to offset or reduce State funding 
to the School District because of these expendi- 
tures, the City shall transfer said monies that 
would otherwise be distributed to the School 
District each year to the City's Children's Fund 
established in Charter Section 16.108, for the 
provision of substantially equivalent services 
and programs. (Added March 2004) 

SEC. 16.123-10. SUNSET. 

The provisions of this measure shall expire in 
eleven years, at the end of Fiscal Year 2014-15, 
unless extended by the voters. (Added March 
2004) 

SEC. 16.124. BOARD OF SUPERVISORS 
AUTHORIZED TO RESPOND TO 
CERTAIN ORDERS OR REQUESTS FOR 
THE PRODUCTION OF CITY RECORDS. 

(a) The Board of Supervisors may, by reso- 
lution, designate as a "watch law" any state or 
federal law or regulation that calls for, autho- 
rizes, or requires the production by any City 
officer, employee, agency, department or office of 
information, records, or other tangible things 
held by the City, the disclosure of which could 
violate the rights of any individuals under the 
State or Federal Constitutions. 

(b) The Board of Supervisors may provide, 
by ordinance, that it shall respond on behalf of 
the City and County of San Francisco to all 
orders or requests for the production of informa- 



279 Miscellaneous Provisions Sec. 16.125. 



tion, records or other tangible things served on 
the City and County under any law designated 
as a watch law. 

(c) The Board may adopt procedures for 
expedited consideration of orders or requests for 
production where necessary to comply with legal 
deadlines for responding. Prior to acting by reso- 
lution of the full Board of Supeivisors, the Board 
may refer the order or request to a committee of 
its members for a recommendation to the full 
Board, after consultation with the City Attorney, 
on an appropriate course of action. To the extent 
federal or state law would prohibit public disclo- 
sure of information that the Board of Supervi- 
sors needs to discuss in order to discharge its 
powers under this Section, the Board may meet 
in closed session for the limited purpose of dis- 
cussing that information. (Added March 2004) 

SEC. 16.125. DOMESTIC PARTNERSHIP. 

The Board of Supervisors may, by a vote of 
three-fourths of its members, amend or repeal 
the voter approved Domestic Partnership Ordi- 
nance, as codified in Chapter 62 of the San 
Francisco Administrative Code, as it deems nec- 
essary (1) to eliminate any residency require- 
ment for establishing a Domestic Partnership by 
filing with the County Clerk, (2) to recognize 
domestic partnerships formed in other jurisdic- 
tions to the same extent as marriages formed in 
other jurisdictions, and (3) to afford domestic 
partners, to the fullest extent legally possible, 
the same rights, benefits, responsibilities, obli- 
gations and duties as spouses. (Added March 
2004) 



San Francisco - Charter 280 



[The next page is 301] 



ARTICLE XVII: DEFINITIONS 



For all purposes of this Charter, the following 
terms shall have the meanings specified below: 

"Business day" shall mean any day other 
than a Saturday, Sunday or holiday on which 
governmental agencies are authorized by law to 
close. 

"Confirm" or "confirmation" shall mean the 
approval by a majority of the members of the 
Board of Supervisors. 

"Discrimination" shall mean violations of civil 
rights on account of race, color, religion, creed, 
sex, national origin, ethnicity, age, disability or 
medical condition, political affiliation, sexual ori- 
entation, ancestry, marital or domestic partners 
status, gender identity, parental status, other 
non-merit factors, or any category provided for 
by ordinance. 

"Domestic partners" shall mean persons who 
register their partnerships pursuant to the voter- 
approved Domestic Partnership Ordinance. 

"Elector" shall mean a person registered to 
vote in the City and County. 

"For cause" shall mean the issuance of a 
written public statement by the Mayor describ- 
ing those actions taken by an individual as a 
member of a board or commission which are the 
reasons for removal, provided such reasons con- 
stitute official misconduct in office. 

"General municipal election" shall mean the 
election to be held in the City and County on the 
Tuesday immediately following the first Monday 
in November in odd-numbered years. 

"Initiative" shall mean (1) a proposal by the 
voters with respect to any ordinance, act or other 
measure which is within the powers conferred 
upon the Board of Supervisors to enact, any 
legislative act which is within the power con- 
ferred upon any other official, board, commission 
or other unit of government to adopt, or any 
declaration of policy; or (2) any measure submit- 



ted to the voters by the Mayor or by the Board of 
Supervisors, or four or more members of the 
Board. 

"Notice" shall mean publication in an official 
newspaper (as defined by ordinance), and a con- 
temporaneous filing with the Clerk of the Board 
of Supervisors or other appropriate office. 

"One-third," "a majority" or "two-thirds" of 
the Board of Supervisors or any other board or 
commission of the City and County shall mean 
one-third, a majority or two-thirds of all mem- 
bers of such board or commission. 

"Published" shall mean published in an offi- 
cial newspaper of the City and County. 

"Referendum" shall mean the power of the 
voters to nullify ordinances involving legislative 
matters except that the referendum power shall 
not extend to any portion of the annual budget or 
appropriations, annual salary ordinances, ordi- 
nances authorizing the City Attorney to compro- 
mise litigation, ordinances levying taxes, ordi- 
nances relative to purely administrative matters, 
ordinances necessary to enable the Mayor to 
carry out the Mayor's emergency powers, or 
ordinances adopted pursuant to Section 9.106 of 
this Charter. 

"Special municipal election" shall mean, in 
addition to special elections otherwise required 
by law, the election called by (1) the Director of 
Elections with respect to an initiative, referen- 
dum or recall, and (2) the Board of Supervisors 
with respect to bond issues, election of an official 
not required to be elected at the general munici- 
pal election, or an initiative or referendum. 

"Statewide election" shall mean an election 
held throughout the state. 

"Voter" shall mean an elector who is regis- 
tered in accordance with the provisions of state 
law. (Amended November 2003) 



301 



San Francisco - Charter 302 



[The next page is 321] 



ARTICLE XVIII: TRANSITION PROVISIONS 



Effective Date of this Article 

XVIII. 

Operative Date of this Charter; 

Effect of Enactment on Existing 

Law. 

ObHgations of Contract Not 

Impaired. 

Transfer of 1932 Charter 

Sections to Ordinance and 

Initiative Ordinances. 

Transfer of Functions, Powers 

and Duties. 

Changes in Offices and 

Positions. 

Official Fidelity Bonds. 

Rules, Regulations and 

Administrative Code. 

Status of Incumbent Officer and 
Employees. 
Exempt Positions. 
Provisional Appointments. 
Asian Art Museum Status. 
Preparation and Indexing of 
this Charter. 

Mission-Driven Budget 
Phase-In. 

Commission Terms. 
Deletion of Ordinances 
Regulating Conflicts of Interest 
and Transfer of Charter 
Sections Regulating Conflicts of 
Interest into the Campaign and 
Governmental Conduct Code. 



SEC. 18.100. EFFECTIVE DATE OF THIS 
ARTICLE XVIIL 

This Article XVIII shall take effect upon the 
filing of this Charter with the Secretary of State 
of the State of California. This Article, and each 
individual section, shall expire and go out of 
existence when the last act, required to be done 



Sec. 18.100. 

Sec. 18.101. 

Sec. 18.102. 

Sec. 18.103. 

Sec. 18.104. 

Sec. 18.105. 

Sec. 18.106. 

Sec. 18.107. 

Sec. 18.108. 

Sec. 18.109. 

Sec. 18.110. 

Sec. 18.111. 

Sec. 18.112. 

Sec. 18.113. 

Sec. 18.114. 

Sec. 18.115. 



in this Article, or individual section, has been 
completed; and, thereafl;er, the Clerk of the Board 
of Supervisors shall secure its removal from the 
next printing of this Charter. 

SEC. 18.101. OPERATIVE DATE OF THIS 
CHARTER; EFFECT OF ENACTMENT ON 
EXISTING LAW. 

This Charter shall be operative July 1, 1996, 
and on that date shall supersede the Charter of 
1932. Any authority vested in the Mayor to 
remove commissioners and department heads 
not granted in the Charter of 1932 shall be 
effective July 1, 1997. All references in this 
Article to the "Charter of 1932" shall be to the 
Charter of 1932, as recodified in 1971, and as 
amended as of December 31, 1995. 

To the extent the provisions of this Charter 
are the same in terms or in effect as provisions of 
the Charter of 1932, they shall be construed and 
applied as a continuation of those provisions. 

All provisions of local law relating to or 
affecting the City and County in force when this 
Charter becomes operative are hereby repealed 
and superseded only to the extent they are 
inconsistent with the provisions of this Charter. 

Any amendments to the Charter of 1932 
adopted at the November 7 1995, election shall 
be incorporated into this Charter and shall su- 
persede any conflicting provisions, even if the 
amendments receive fewer votes than this Char- 
ter. The Clerk of the Board of Supervisors, in 
consultation with the City Attorney, shall con- 
form the format and terminology of the amend- 
ments to this Charter. 

In adopting this revised Charter, the voters 
do not intend to amend or otherwise afifect the 
provisions of any initiative ordinance in effect on 
the date this revision is adopted, including the 
Initiative Refuse Collection and Disposal Ordi- 
nance, adopted November 8, 1932, as amended, 
except that the City Administrator and the Gen- 
eral Manager of Public Utilities shall succeed to 



321 



Sec. 18.101. 



San Francisco - Charter 



322 



the functions of the Chief Administrative Officer 
and the Manager of Utihties, respectively, as 
specified in that Initiative Ordinance. 

The Retirement Board shall continue to ex- 
ercise powers of management and control of 
workers' compensation programs until those func- 
tions are transferred pursuant to previously 
adopted ordinances to the Department of Human 
Resources. 

SEC. 18.102. OBLIGATIONS OF 
CONTRACT NOT IMPAIRED. 

All rights, claims, actions, orders, obliga- 
tions, proceedings, bond authorizations and con- 
tracts existing on the operative date of this 
Charter shall not be affected by the adoption of 
this Charter, except that where functions, pow- 
ers and duties have been reassigned, the office, 
agency or department to which the assignment is 
made shall have charge of the matter. 

SEC. 18.103. TRANSFER OF 1932 
CHARTER SECTIONS TO ORDINANCE 
AND INITIATIVE ORDINANCES. 

The following sections of the Charter of 1932 
shall be deemed enacted into ordinance and may 
be amended by the Board of Supervisors on the 
operative date of this Charter; provided, how- 
ever, that in the instance of conflict or inconsis- 
tency between the ordinance or a portion of the 
ordinance and this Charter, this Charter shall 
prevail: 

1.103 

2.101 

2.203 

2.203-3 

3.100, paragraph 8, sentences 5 — 6 

3.201 

3.301—3.303, inclusive 

3.402 

3.501 

3.502 

3.523 

3.529 

3.531 

3.533—3.535, inclusive 



3.537—3.539, inclusive 

3.540—3.547, inclusive 

3.551—3.552 

3.560 

3.570—3.572, inclusive 

3.590—3.599, inclusive 

3.601 

3.621—3.624, inclusive 

3.631, 3.632, and 3.634 

3.640—3.641, inclusive 

3.642, second sentence only 

3.680, third paragraph only 

3.691—3.694, inclusive 

3.698.1—3.698.3, inclusive 

3.699-2 

3.707 

6.207 

6.300—6.304, inclusive 

6.306—6.310, inclusive 

6.312—6.313 

6.400—6.403, inclusive 

6.407—6.408, inclusive 

6.410 

7.100—7.104, inclusive 

7.200—7.203, inclusive 

7.205—7.206, inclusive 

7.304 

7.306 

7.308 

7.400—7.405, inclusive 

7.600—7.606, inclusive 

7.701—7.703, inclusive 

8.104 

8.106 

8.311 

8.410—8.411 

9.104, fifth paragraph only 

9.113—9.115, inclusive 

Ordinances and policy declarations adopted 

by the voters shall not be published as part of 

this Charter, in an appendix or otherwise, but 

shall be published as provided in this Charter for 



323 



Transition Provisions 



Sec. 18.106. 




other ordinances, and shall be included in any 
codification of ordinances as provided in this 
Charter and be designated as initiative ordi- 
nances. 

SEC. 18.104. TRANSFER OF 
FUNCTIONS, POWERS AND DUTIES. 

On the operative date of this Charter, all 
offices, agencies and departments of the City and 
County then in existence under the Charter of 
1932 shall continue to perform their functions, 
exercise their authority and fulfill their respon- 
sibilities, as they existed immediately before this 
Charter's becoming operative subject to the pro- 
visions of this Article. Not later than 90 days 
after the operative date of this Charter, each 
such office, agency and department for which 
this Charter does not provide shall cease to exist, 
and its functions, powers and duties shall be 
transferred to the appropriate governmental unit 
created by this Charter or under the authority of 
this Charter. The Board of Supervisors and the 
Mayor shall take all action necessary to provide 
for the orderly transfer of functions, authority 
and responsibility on or before the date of such 
transfer. 

SEC. 18.105. CHANGES IN OFFICES 
AND POSITIONS. 

The Chief Administrative Officer and the 
Controller serving on November 7, 1995, shall be 
appointed to the offices, respectively, of City 
Administrator and Controller. These offices shall 
have the functions, powers and duties assigned 
by this Charter, and their initial terms of office 
in effect immediately prior to the date of this 
Charter shall remain unchanged, except that the 
term of office of the City Administrator shall be 
five years from the incumbent's appointment as 
Chief Administrative Officer. 

The Clerk of the Board of Supervisors serv- 
ing on November 7, 1995, shall be appointed as 
Clerk of the Board of Supervisors. This position 
shall remain a classified position as long as the 
person holding the position on November 7, 
1995, remains in this position. 

The Secretary-General Manager of the Re- 
tirement System serving on November 7, 1995, 



shall succeed to the position of executive direc- 
tor. This position shall remain a classified posi- 
tion as long as the person holding the position on 
November 7, 1995, remains in this position. 

The General Manager of the Department of 
Social Services shall succeed to the position of 
executive director of the Department of Human 
Services. 

The offices of Assessor and Recorder shall be 
consolidated no earlier than July 1, 1997. Prior 
to that date, the functions, powers and duties of 
the Recorder shall continue to be performed by 
the Recorder-County Clerk, as that office is es- 
tablished in the Charter of 1932. After July 1, 
1997, the functions, powers and duties of the 
County Clerk shall be transferred to the City 
Administrator and the functions, powers and 
duties of the Recorder shall be transferred to the 
Assessor-Recorder. The person holding office as 
Recorder-County Clerk at the time of the trans- 
fer shall become a deputy department head to 
the Assessor-Recorder, and shall maintain his or 
her classified status. 

The Social Services Commission shall suc- 
ceed to the Human Services Commission. 

On the operative date of this Charter, the 
City Administrator shall be responsible for the 
following functions until they are reassigned by 
the Mayor, with approval by the Board of Super- 
visors, or by operation of this Charter: Depart- 
ment of Public Works, Government Services, 
Purchasing, Real Estate, Electricity and Telecom- 
munication, Public Guardian, Convention Facili- 
ties, Animal Control, County Clerk/Recorder, 
County Agriculture, Weights and Measures and 
Registrar of Voters/Department of Elections; Medi- 
cal Examiner; and all projects previously as- 
signed by ordinance to the Chief Administrative 
Office, including but not limited to: George R. 
Moscone Center Project, Clean Water program. 
Publicity and Advertising Fund, Risk Manage- 
ment, Beautification project, EIPSC, Waterfront 
project and Solid Waste Management. 

SEC. 18.106. OFFICIAL FIDELITY 
BONDS. 

The Board of Supervisors shall determine the 
initial fidelity bond requirements under this 



Sec. 18.106. 



San Francisco - Charter 



324 



Charter within 90 days after the operative date 
of this Charter. Until the Board of Supervisors 
determines such requirements for officials of the 
City and County, the bonds existing on the 
operative date of this Charter shall be main- 
tained. 

SEC. 18.107. RULES, REGULATIONS 
AND ADMINISTRATIVE CODE. 

Each officer, department, agency, board and 
commission responsible for rules and regulations 
of the City and County under this Charter shall, 
within 90 days of the operative date of this 
Charter, review all rules and regulations for 
which it is responsible and amend and adopt 
rules and regulations consistent with this Char- 
ter. 

SEC. 18.108. STATUS OF INCUMBENT 
OFFICERS AND EMPLOYEES. 

The changes in and transfers of functions, 
powers and duties which occur at the time this 
Charter becomes operative shall not affect or 
impair the rights or privileges of permanent civil 
service officers or employees of the City and 
County relating to appointment, rank, grade, 
compensation, tenure of office, promotion, disci- 
pline, removal, pensions and retirement, except 
as provided in this Charter. 

Whenever a position previously within the 
classified municipal civil service is, pursuant to 
this Charter, designated exempt from the civil 
service provisions of this Charter, the permanent 
civil service incumbent in such position at the 
time this Charter becomes operative shall con- 
tinue to have civil service status in that position 
under the civil service provisions of this Charter. 

If by the terms of this Charter, or action 
taken by authority of this Charter: 

1. All or substantially all of the duties of 
any position exempt from the civil service provi- 
sions of the Charter of 1932 are transferred to 
another office, agency or department, that posi- 
tion shall be transferred to that office, agency or 
department and the person holding the position 
on the operative date of this Charter shall be 
transferred with the position. 



2. All or substantially all of the duties of 
any civil service position are transferred to an- 
other office, agency or department, that position 
shall be transferred to that office, agency or 
department and the permanent civil service ap- 
pointee holding the position on the operative 
date of this Charter shall be transferred with the 
position. 

SEC. 18.109. EXEMPT POSITIONS. 

The Board of Supervisors and the Mayor, 
through the budget for the fiscal year ending 
June 30, 1996, shall designate the positions 
exempt from civil service, within the categories 
provided in Article X of this Charter. 

SEC. 18.110. PROVISIONAL 
APPOINTMENTS. 

Unless their appointments are renewed pur- 
suant to the provisions of Section 10.105, the 
employment of all provisional employees, ap- 
pointed under the Charter of 1932, whose ap- 
pointment does not meet the provisions of this 
Charter, shall be terminated within three years 
of the operative date of this Charter in accor- 
dance with the rules and regulations governing 
layoffs. Such provisional employees may qualify 
for certification as eligibles under rules and 
regulations expressly authorized by civil service 
rules approved by the Board of Supervisors. 
Such rules may establish special credit for civil 
service examinations for years of service or, 
through other methods, recognize the service of 
such employees who have held such emplo5rment 
for more than six months at the operative date of 
this Charter. 

SEC. 18.111. ASIAN ART MUSEUM 
STATUS. 

During such time as the Asian Art Museum is 
located in a wing of the M. H. de Young Memorial 
Museum, the Commission shall control and man- 
age the collections housed in that wing as pro- 
vided for in the July 2, 1969 Management Agree- 
ment between the Committee of Asian Art gmd 
Culture and the Board of Trustees of the de 
Young Museum, a copy of which is on file with 
the Clerk of the Board of Supervisors. 



325 



Transition Provisions 



Sec. 18.115. 



SEC. 18.112. PREPARATION AND 
INDEXING OF THIS CHARTER. 

The City Attorney shall correct typographical 
errors and prepare an index prior to the opera- 
tive date and publication of this Charter. 

SEC. 18.113. MISSION-DRIVEN BUDGET 
PHASE-IN. 

The mission-driven budget process shall be 
phased in over a three-year period with the 
Mayor identifying for each of the three years 
approximately one-third of the City departments 
that shall thenceforth be required to comply with 
the requirements of Sections 9.114, 9.115 and 
9.116. 

SEC. 18.114. COMMISSION TERMS. 

Whenever a new board or commission is 
created in this Charter, or additional members 
are added to an existing board or commission, 
the Mayor shall appoint the initial members to 
staggered terms. 

SEC. 18.115. DELETION OF 
ORDINANCES REGULATING CONFLICTS 
OF INTEREST AND TRANSFER OF 
CHARTER SECTIONS REGULATING 
CONFLICTS OF INTEREST INTO THE 
CAMPAIGN AND GOVERNMENTAL 
CONDUCT CODE. 

(a) On the effective date of this Charter 
Amendment, Section 1.50 of the Administrative 
Code and Section 1.200; Article III, Chapter 2 
and Section 3.200; Article III, Chapter 3 and 
Section 3.300; Article III, Chapter 4 and Sections 
3.400 and 3.405; Article III, Chapter 5 and Sec- 
tions 3.500, 3.505, 3.510. 3.515, 3.520, 3.525, 
3.530, 3.535, 3.540, 3.545; Article III, Chapter 6 
and Section 3.600; and Article III, Chapter 7 and 
Sections 3.700, 3.705, 3.710, 3.715, 3.720, 3.725, 
3.730, 3.735, and 3.740 of the Campaign and 
Governmental Conduct Code shall be deemed 
repealed, and the City Attorney is authorized 
and directed to take appropriate steps to remove 
them from future editions of published codes. 

(b) On the effective date of this Charter 
Amendment, Charter Sections C9.101 - C9.127 
shall be deemed enacted into ordinance, and the 



City Attorney is directed and authorized to codify 
Section C9.101 as Administrative Code Section 
1.50; Section C9.102 as Campaign and Govern- 
mental Conduct Code Section 1.200; Section 
C9.103 as Campaign and Governmental Conduct 
Code Section 3.1-102.5; Section C9.127 in a new 
Chapter 3 of the Campaign and Governmental 
Conduct Code titled "Ethics Commission" as Sec- 
tion 3.300; and the remaining sections in a new 
Chapter 2 of the Campaign and Governmental 
Conduct Code titled "Conflict of Interest and 
Other Prohibited Activities" as follows: Section 
C9.104 as Section 3.200; Section C9.105 as Sec- 
tion 3.202; Section C9.106 as Section 3.204; 
Section C9.107 as Section 3.206; Section C9.108 
as Section 3.208; Section C9.109 as Section 3.210; 
Section C9.110 as Section 3.212; Section C9.111 
as Section 3.214; Section C9.112 as Section 3.216; 
Section C9.113 as Section 3.218; Section C9.114 
as Section 3.220; Section C9.115 as Section 3.222; 
Section C9.116 as Section 3.224; Section C9.117 
as Section 3.226; Section C9.118 as Section 3.228; 
Section C9.119 as Section 3.230; Section C9.120 
as Section 3.232; Section C9.121 as Section 3.234; 
Section C9.122 as Section 3.236; Section C9.123 
as Section 3.238; Section C9.124 as Section 3.240; 
Section C9.125 as Section 3.242; and Section 
C9.126 as Section 3.244. 

These sections may be amended by the Board 
of Supervisors if (a) the amendment serves the 
purposes of the Ordinance; (b) the Ethics Com- 
mission approves the proposed amendment by at 
least a four-fifths vote of all its members; (c) the 
proposed amendment is available for public re- 
view at least 30 days before the amendment is 
considered by the Board of Supervisors; and (d) 
the Board of Supervisors approves the proposed 
amendment by at least a two-thirds vote of all its 
members. (Added November 2003) 



San Francisco - Charter 326 



[The next page is 335] 



CHARTER APPENDICES 

Appendix A. Employment Provisions 

Appendix B. Port Agreements 

Appendix C. Ethics Provisions 

Appendix D. Building Inspection Provisions 

Appendix E. Supervisorial District Boundaries 

Appendix F. Authority and Duties of City Services Auditor 



335 



San Francisco - Charter 336 



[INTENTIONALLY LEFT BLANK] 




APPENDIX A: EMPLOYMENT PROVISIONS* 

* Citations in these appendices to other Charter sections refer to provisions of the 1932 Charter, as 
amended. Not all of those provisions have been carried forward under the new Charter. 

A7.204 Contractors' Working Conditions 

A8.329 Certification of Ehgibles 

A8.341 Removal or Discharge of 

Permanent, Non-Probationary 

Employees 
A8.342 Disciplinary Suspensions 

A8.343 Fine, Suspension and Dismissal 

in Police and Fire Departments 
A8.344 Temporary Suspension Pending 

Commission Hearing; 

Exoneration of Charges 

A8.345 Disciplinary Action against 

Striking Employees 
A8.346 Disciplinary Action against 

Striking Employees other than 

Members of Police and Fire 

Department 
A8.364 Authorization to Transfer 

Unused Sick Leave 
A8.365 Compensation During Parental 

Leave 
A8.365-1 Definition 

A8.365-2 Eligibility 

A8.365-3 Duration 

A8. 365-4 Supplemental Compensation 

A8. 365-5 Reimbursement 

A8.365-6 Non-Vested Benefit 

A8.365-7 Rules for Administration, 

Interpretation and Regulation of 

Parental Leave 
A8.400 General Rules for Establishing 

and Paying Compensation 
A8.401 Early Retirement Benefits 

Targeted to Mitigate Layoffs 
A8.401-1 Purpose 

A8.401-2 Early Retirement Benefits 

A8.401-3 Authority 

A8.401-4 Schedule 



A8.401-5 


Eligibility 


A8.401-6 


Notification Procedure 


A8.401-7 


Extension 


A8.401-8 


Costs 


A8.401-9 


School and Community College 




Districts 


A8.401-10 


Non- Vested Benefit 


A8.401-11 


Discretionary Authority 


A8.402 


Compensation of Teachers, 




Part-Time Employees and 




Certain Other Groups 


A8.403 


Compensation for Registered 




Nurse Classifications 


A8.404 


Salaries and Benefits of Carmen 


A8.405 


Salaries of Uniformed Forces in 




the Police and Fire 




Departments 


A8.406 


Salary Deductions 


A8.409 


Declaration of Policy 


A8.409-1 


Employees Covered 


A8.409-2 


Interim Provisions 


A8.409-3 


Obligation to Bargain in Good 




Faith 


A8.409-4 


Impasse Resolution Procedures 


A8.409-5 


Retirement Benefits 


A8.409-6 


Employee Relations Rules 


A8.410 


Reimbursement of Expenses 


A8.411 


Payment for Repair or 




Replacement of Equipment 


A8.420 


Establishment of and 




Membership in Health Service 




System 


A8.421 


Adoption of Plans for Residents 


A8.422 


Adoption of Plans for Members 


A8.423 


Revision of Schedules and 




Compensation 


A8.424 


Specificity Required 



337 



San Francisco - Charter 



338 



A8.425 Persons Covered 

A8.426 Right of Selection 

A8.427 Effect of Other Charter 

Provisions 
A8.428 Health Service System Trust 

Fund 
A8.429 Contributions to Fund 

A8.430 "Medical Care" Defined 

A8.431 Limitation of Claims by 

Members 
A8.432 Transition 

A8.440 Annual Vacations of Employees 

A8.441 Authorization to Transfer 

Vacation Credits 
A8.450 Municipal Railway 

A8.451 Police Department 

A8.452 Fire Department 

A8.500 Retirement System for Officers 

and Employees 
A8.500-1 Reciprocal Pension Benefits 

with the Retirement System 

and with Other Public Pension 

Plans 
A8.500-2 Domestic Partner Qualified 

Survivor Benefits 
A8.502 Retirement of Elective Officers 

A8.503 Retirement — Court Employees 

and Attaches 
A8.504 Retirement — Parking Authority 

Employees 
A8.505 Retirement — Port Authority 

Employees 
A8.506 Sheriffs Department 

A8.506-1 Teachers in the San Francisco 

Unified School District and San 

Francisco Community College 

District 
A8.506-2 Miscellaneous Safety Employees 

A8.506-3 Housing Authority Police 

A8.506-4 Per Diem Nurses on January 1, 

1988 
A8.506-5 District Attorneys, Pubhc 

Defenders and Public Defender 

Investigators 



A8.507 
A8.508 
A8.509 

A8.510 

A8.511 
A8.512 

A8.513 



A8.514 
A8.515 

A8.516 
A8.517 

A8.518 
A8.519 

A8.520 
A8.521 

A8.522 

A8.522-1 

A8.522-2 

A8.522-3 
A8.522-5 
A8.525 

A8.526 

A8.526-1 

A8.527 
A8.530 



Miscellaneous Officers and 

Employees on January 8, 1932 

Pacific Gas & Electric Company 

Employees 

Retirement — Miscellaneous 

Officers and Employees on and 

after July 1, 1947 

Actuarial Tables, Rates and 

Valuations 

Pensions of Retired Persons 

Relinquishment of Certain 

Retirement Allowances 

Credit on Current 

Contributions, for Certain 

Public Reserves Released by 

Withdrawal or Relinquishment 

by Retiring or Retired Teachers 

Social Security Coverage 

Compensation Insurance 

Payments 

Disability Benefits 

Elimination of Mandatory 

Retirement 

Hearing Officer 

Retirement System Credit for 

Representative Service 

Continuous Service 

Credit for Certain Military- 
Service 

Early Retirement Benefits 
Early Retirement Benefits 
Recalculation/Effective Date of 
Retirement 
Return to Service 
Compliance with Tax Laws 
Contributions to Retirement 
Fund 

Cost of Living Adjustment in 
Allowances 

Supplemental Cost of Living 
Benefit 

Community Property Rights 
Retirement — Miscellaneous 
Officers and Employees prior to 
July 1, 1947 



339 



Appendix A: Employment Provisions 



A8.531 



A8.532 



A8.533 



A8.534 



A8.535 



A8.536 



A8.537 



A8.538 



A8.539 



A8.539-1 



A8.539-2 



A8.539-3 



Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
prior to July 1, 1947 
Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
prior to July 1, 1952 
Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
prior to July 1, 1947 
Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
prior to July 2, 1952 
Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
on or after July 1, 1947, and 
prior to April 1, 1966 
Increasing retirement 
allowances of Miscellaneous 
Officers and Employees Retired 
on or after July 1, 1947, and 
prior to July 1, 1974 
Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
under Section 8.507 prior to 
January 1, 1972 

Increasing of Certain 
Retirement Allowances in Effect 
prior to July 1, 1977 
Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
prior to July 2, 1980 
Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
prior to July 2, 1985 

Increasing Retirement 
Allowances of Miscellaneous 
Officers and Employees Retired 
prior to July 2, 1988 
Increasing Retirement 





Allowances of Miscellaneous 




Officers and Employees Retired 




prior to July 2, 1991 


A8.540 


Members of the Police 




Department of January 8, 1932 


A8.541 


Salary Base, For Retirement 




Purposes, of Former Rank of 




Corporal of Police 


A8.542 


Police Department — Retired 




Members and Beneficiaries on 




January 8, 1932 


A8.543 


Members of the Police 




Department-January 8, 1932 to 




July 1, 1945 


A8.544 


Members of the Police 




Department after July 1, 1945 


A8.545 


Definitions 


A8.546 


Service Retirement 


A8.547 


Retirement for Incapacity 


A8.548 


Death Allowance 


A8.549 


Pa5niient of Surviving 




Dependents 


A8.550 


Adjustment of Allowances 


A8.551 


Adjustment of Allowances 




because of Compensation 




Benefits 


A8.552 


Death Benefits 


A8.553 


Refunds and Redeposits 


A8.554 


Computation of Service 


A8.555 


Sources of Funds 


A8.556 


Right to Retire 


A8.557 


Limitation on Employment 




During Retirement 


A8.558 


Definition of "Final 




Compensation" — ^Allowances 




First Payable prior to July 1, 




1975 


A8.559 


Members of the Police 




Department on and after July 1 




1975 


A8.559-1 


Definitions 


A8.559-2 


Service Retirement 


A8.559-3 


Retirement for Incapacity 


A8.559-4 


Death Allowance 



San Francisco - Charter 



340 



A8.559-5 Payment to Surviving 

Dependents 
A8. 559-6 Adjustment of Allowances 

A8.559-7 Adjustment for Compensatory 

Pajnnents 
A8.559-8 Death Benefit 

A8. 559-9 Refunds and Redeposits 

A8.559-10 Computation of Service 

A8.559-11 Sources of Funds 

A8.559-12 Right to Retire 

A8.559-13 Limitation in Emplojnnent 

during Retirement 
A8.559-14 Right to Transfer 
A8.559-15 Vesting 
A8.560 Definition, Members of Fire and 

Police Department 
A8.561 Pension Provisions — Dependent 

of Members of Fire and Police 

Departments Killed in Line of 

Duty 
A8.562 Credit for Service in 

Underwriters' Fire Patrol 
A8.565 Members of Fire Department on 

January 8, 1932 
A8.566 Fire Department — Retired 

Members and Beneficiaries on 

January 8, 1932 
A8.567 Members of the Fire 

Department — January 8, 1932 

to July 1, 1949 
A8.568 Member of the Fire Department 

after July 1, 1949 
A8.569 Definitions 

A8.570 Service Retirement 

A8.571 Retirement for Incapacity 

A8.572 Death Allowance 

A8.573 Payments to Surviving 

Dependents 
A8.574 Adjustment of Allowances 

A8.575 Adjustment for Compensation 

Pa3rments 
A8.576 Death Benefit 

A8.577 Refunds and Redeposits 

A8.578 Computation of Service 



A8.579 Sources of Funds 

A8.580 Right to Retire 

A8.581 Limitation on Emplo3nnent 

during Retirement 
A8.582 Definition of "Final 

Compensation" — ^Allowances 

First Payable prior to July 1, 

1975 
A8.584 Retirement — Miscellaneous 

Officers and Employees after 

November 1, 1976 
A8.584-1 Definitions 

A8.584-2 Service Retirement 

A8.584-3 Retirement for Incapacity 

A8.584-4 No Adjustment for 

Compensation Payments 
A8.584-5 Death Benefit 

A8. 584-6 Benefits upon Termination of 

Membership 
A8. 584-7 Computation of Service 

A8.584-8 Sources of Funds 

A8.584-9 Right to Retire 

A8.584-10 Limitation on Employment 

during Retirement 
A8.584-11 Adjustment of Allowances 

A8.584-12 Conflicting Charter Provisions 

A8.585 Members of the Fire 

Department on and after July 1, 

1975 
A8.585-1 Definitions 

A8. 585-2 Service Retirement 

A8. 585-3 Retirement for Incapacity 

A8.585-4 Death Allowance 

A8.585-5 Pa5rment to Surviving 

Dependents 
A8. 585-6 Adjustment of Allowances 

A8. 585-7 Adjustment for Compensation 

Pajnnents 
A8.585-8 Death Benefit 

A8. 585-9 Refunds and Redeposits 

A8.585-10 Computation of Service 

A8.585-11 Sources of Funds 

A8.585-12 Right to Retire 



341 



Appendix A: Employment Provisions 



A8. 585-13 Limitation in Employment 

during Retirement 
A8.585-14 Right to Transfer 
A8.585-15 Vesting 

A8.586 Members of the Pohce 

Department after November 1, 

1976 
A8.586-1 Definitions 

A8. 586-2 Service Retirement 

A8.586-3 Retirement for Incapacity 

A8.586-4 Death Allowance 

A8.586-5 Pajnnent to Surviving 

Dependents 
A8. 586-6 Adjustment of Allowances 

A8. 586-7 Adjustment for Compensation 

Pajnnents 

A8.586-8 Death Benefit 

A8.586-9 Refunds and Redeposits 

A8.586-10 Computation of Service 

A8.586-11 Sources of Funds 

A8.586-12 Right to Retire 

A8.586-13 Limitation on Employment 
during Retirement 

A8.586-14 Conflicting Charter Provisions 

A8.586-15 Vesting 

A8.587 Retirement — Miscellaneous 

Officers and Employees on and 
after November 7, 2000 

A8.587-1 Definitions 

A8. 587-2 Service Retirement 

A8. 587-3 Retirement for Incapacity 

A8.587-4 No Adjustment for 

Compensation Payments 
A8.587-5 Death Benefit 

A8. 587-6 Benefits upon Termination of 

Membership 

A8.587-7 Computation of Service 

A8.587-8 Sources of Funds 

A8.587-9 Right to Retire 

A8. 587-10 Limitation on Emplojnnent 

During Retirement 

A8. 587-11 Adjustment of Allowances 

A8.587-12 Conflicting Charter Provisions 



A8.587-13 


Application of Plan 


A8.588 


Members of the Fire 




Department after November 1, 




1976 


A8.588-1 


Definitions 


A8.588-2 


Service Retirement 


A8.588-3 


Retirement for Incapacity 


A8.588-4 


Death Allowance 


A8.588-5 


Payment to Surviving 




Dependents 


A8.588-6 


Adjustment of Allowances 


A8.588-7 


Adjustment for Compensation 




Pajmients 


A8.588-8 


Death Benefit 


A8.588-9 


Refunds and Redeposits 


A8.588-10 


Computation of Service 


A8.588-11 


Sources of Fines 


A8.588-12 


Right to Retire 


A8.588-13 


Limitation on Employment 




during Retirement 


A8.588-14 


Conflicting Charter Provisions 


A8.588-15 


Vesting 


A8.590-1 


Declaration of Policy 


A8.590-2 


Employees Covered 


A8.590-3 


Prohibition against Strikes 


A8.590-4 


Obligation to Negotiate in Good 




Faith 


A8.590-5 


Impasse Resolution Procedures 


A8.590-6 


Retiree Benefit Adjustments 


A8.590-7 


Preservation of Tax Benefits 


A8.595 


Members of the Police 




Department on January 1, 2003 




who are Members of the 




Retirement System under 




Charter Section A8.559 


A8.595-1 


Definitions 


A8.595-2 


Service Retirement 


A8.595-3 


Retirement for Incapacity 


A8.595-4 


Death Allowance 


A8.595-5 


Pajmaent to Surviving 




Dependents 


A8.595-6 


Adjustment of Allowances 


A8.595-7 


Adjustment for Compensation 




Payments 



Supp. No. 15, March 2008 



San Francisco - Charter 



342 



A8.595-8 


Death Benefit 


A8.595-9 


Refunds and Redeposits 


A8.595-10 


Computation of Service 


A8.595-11 


Sources of Funds 


A8.595-12 


Right to Retire 


A8.595-13 


Limitation in Emplo3Tiient 




During Retirement 


A8.595-14 


Vesting 


A8.596 


Members of the Fire 




Department on January 1, 2003 




who are Members of the 




Retirement System under 




Charter Section A8.585 


A8.596-1 


Definitions 


A8.596-2 


Service Retirement 


A8.596-3 


Retirement for Incapacity 


A8.596-4 


Death Allowance 


A8.596-5 


Pa3niient to Surviving 




Dependents 


A8.596-6 


Adjustment of Allowances 


A8.596-7 


Adjustment for Compensation 




Payments 


A8.596-8 


Death Benefit 


A8.596-9 


Refunds and Redeposits 


A8.596-10 


Computation of Service 


A8.596-11 


Sources of Funds 


A8.596-12 


Right to Retire 


A8.596-13 


Limitation in Employment 




During Retirement 


A8.596-14 


Vesting 


A8.597 


Members of the Police 




Department on January 1, 2003 




who are Members of the 




Retirement System under 




Charter Section A8.586, and 




Members of the Police 




Department after January 1, 




2003 


A8.597-1 


Definitions 


A8.597-2 


Service Retirement 


A8.597-3 


Retirement for Incapacity 


A8.597-4 


Death Allowance 


A8.597-5 


Pajnnent to Surviving 




Dependents 



A8.597-6 


Adjustment of Allowances 


A8.597-7 


Adjustment for Compensation 




Pajmients 


A8.597-8 


Death Benefit 


A8.597-9 


Refunds and Redeposits 


A8.597-10 


Computation of Service 


A8.597-11 


Sources of Funds 


A8.597-12 


Right to Retire 


A8.597-13 


Limitation on Emplojrment 




During Retirement 


A8.597-14 


Conflicting Charter Provisions 


A8.597-15 


Vesting 


A8.598 


Members of the Fire 




Department on January 1, 2003 




who are Members of the 




Retirement System under 




Charter Section A8.588, and 




Members of the Fire 




Department afl:er January 1, 




2003 


A8.598-1 


Definitions 


A8.598-2 


Service Retirement 


A8.598-3 


Retirement for Incapacity 


A8.598-4 


Death Allowance 


A8.598-5 


Pajnnent to Surviving 




Dependents 


A8.598-6 


Adjustment of Allowances 


A8.598-7 


Adjustment for Compensation 




Payments 


A8.598-8 


Death Benefit 


A8.598-9 


Refunds and Redeposits 


A8.598-10 


Computation of Service 


A8.598-11 


Sources of Funds 


A8.598-12 


Right to Retire 


A8.598-13 


Limitation on Employment 




During Retirement 


A8.598-14 


Conflicting Charter Provisions 


A8.598-15 


Vesting 


A8.599 


Tax-Deferred Plans for 




Accumulated Compensation 


A8.900 


Preamble. 


A8.901 


Eligibility to Participate in the 




Deferred Retirement Option 




Program. 



Supp. No. 15, March 2008 



342.1 Appendix A: Employment Provisions A7.204 



A8.902 Effect of Disability on 

Continued Participation. 
A8.903 The Effect of Participation in 

the DROP Upon Pension 

Benefit Calculations. 
A8.904 Estabhshment of the DROP 

Account. 
AS. 905 Rights of Surviving Spouse, 

Domestic Partner, or 

Dependents. 
A8.906 Termination of Participation in 

the DROP 
A8.907 Employment Status of the 

Member During Participation in 

the DROP. 
A8.908 Compliance with Tax Laws. 

A8.909 Determination of Cost 

Neutrality. 
A8.910 Withdrawal or Rollover of 

DROP Accounts. 

A7.204 CONTRACTORS' WORKING 
CONDITIONS 

Every contract for any public work or improve- 
ment to be performed at the expense of the City 




Supp. No. 15, March 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 15, March 2008 



343 



Appendix A: Employment Provisions 



A7.204 




and County, or paid out of moneys deposited in 
the treasury, whether such work is to be done 
directly under contract awarded, or indirectly by 
or under subcontract, subpartnership, day labor, 
station work, piece work, or any other arrange- 
ment whatsoever, must provide: 

(a) that in the performance of the contract 
and all work thereunder, eight hours shall be the 
maximum hours of labor on any calendar day, 
except that hours of labor in excess of eight hours 
per day may be permitted when conditions so 
warrant upon the approval of the department 
head responsible for the supervision of the con- 
tract, provided that compensation for all hours 
worked in excess of eight hours per day conforms 
to the requirements of the Labor Code of the 
State of California and all applicable federal 
laws; 

(b) that any person performing labor there- 
under shall be paid not less than the highest 
general prevailing rate of wages in private em- 
ployment for similar work; however, the Board of 
Supervisors may by resolution exempt from the 
prevailing wage requirement any contract where 
the work is to be performed by a non-profit 
organization that provides job training and work 
experience for disadvantaged individuals in need 
of such training and experience, and either (1) 
has a board of directors which is appointed by 
the Mayor, or (2) exists primarily to design and 
build urban gardens, yards and play areas; 

(c) that any person performing labor in the 
execution of the contract shall be a citizen of the 
United States; 

(d) that all laborers employed in the execu- 
tion of any contract within the limits of the City 
and County shall have been residents of the City 
and County for a period of one year immediately 
preceding the date of their engagements to per- 
form labor thereunder; provided, however, that 
the officer empowered to award any such con- 
tract may, upon application of the contractor, 
Wciive such residence qualifications and issue a 
permit specifying the extent and terms of such 
waiver whenever the fact be established that the 
required number of laborers and mechanics pos- 



sessing qualifications required by the work to be 
done cannot be engaged to perform labor there- 
under. 

The term "public work" or "improvement," as 
used in this section shall, include the fabrication, 
manufacturing or assembling of materials in any 
shop, plant, manufacturing establishment or other 
place of employment, when the said materials 
are of unique or special design, or are made 
according to plans and specifications for the 
particular work or improvement and any arrange- 
ment made for the manufacturing, fabrication or 
assembling of such materials shall be deemed to 
be a contract or a subcontract subject to the 
provisions of this section. 

The board of supervisors shall have fall power 
and authority to enact all necessary ordinances 
to carry out the terms of this section and may by 
ordinance provide that any contract for any 
public work or improvement or for the purchase 
of materials which are to be manufactured, fab- 
ricated or assembled for any public work or 
improvement, a preference in price not to exceed 
10 percent shall be allowed in favor of such 
materials as are to be manufactured, fabricated 
or assembled within the City and County of San 
Francisco as against similar materials which 
may be manufactured, fabricated or assembled 
outside thereof. When any such materials are to 
be fabricated, assembled or manufactured by 
any subcontractor or materialman for the pur- 
pose of supplying the same to any contractor 
bidding on or performing any contract for any 
public work or improvement, said sub-contractor 
or materialman manufacturing, fabricating, as- 
sembling or furnishing said materials manufac- 
tured, assembled or fabricated within the City 
and County of San Francisco shall be entitled to 
the same preferential as would any original 
contractor or materialman furnishing the same 
if the board of supervisors by ordinance so pro- 
vide. When any ordinance shall so provide any 
officer, board or commission letting any contract 
may in determining the lowest responsible bid- 
der for the doing or performing of any public 
work or improvement add to said bid or sub-bid 
an amount sufficient not exceeding 10 percent in 



A7.204 



San Francisco - Charter 



344 



order to give preference to materials manufac- 
tured, fabricated or assembled within the City 
and County of San Francisco. 

A8.329 CERTIFICATION OF ELIGIBLES 

Whenever a position controlled by the civil 
service provisions of this Charter is to be filled, 
the appointing officer shall make a requisition to 
the department of human resources for a person 
to fill it. Thereupon, the department shall certify 
to the appointing officer the names and ad- 
dresses of all those persons meeting the certifi- 
cation rule established for that classification. 
The Civil Service Commission shall establish 
certification rules. Certification rules shall not 
be more restrictive than the certification of all 
candidates receiving the three highest scores on 
the list of eligibles for such positions. The ap- 
pointing officer shall fill the position by the 
appointment of one of the persons certified. In 
making such certification, sex shall be disre- 
garded except when a statute, rule of the com- 
mission or the appointing officer specifies sex; 
provided however, the appointing officer shall 
give due consideration to applicable civil service 
equal emplojnnent opportunity (EEO) goals so as 
to maximize diversity at all levels of City employ- 
ment. The Mayor and the Board of Supervisors 
shall annually review each department's perfor- 
mance in meeting its civil service EEO obliga- 
tions. 

From the requisition of the appointing officer 
or otherwise, the department shall determine 
whether the position is, in character, temporary, 
seasonal or permanent, and shall notify the 
candidate in accordance therewith to the end 
that the candidate may have knowledge of the 
probable duration of emplo3mient. The depart- 
ment shall provide for such waiver of temporary 
or seasonal emplojnnent as it may deem just to 
candidates. 

Notwithstanding anjiihing to the contrary in 
this or any other provision of the charter, an 
employee who has been certified from a regularly 
adopted eligible list to a non-permanent position 
in a civil service classification shall be entitled to 
appointment to a permanent position within 
that same classification before the department 



certifies to the appointing officer the names and 
addresses of persons standing higher on the list 
of eligibles who are not then current employees, 
subject to a demonstration of satisfactory job 
performance in the non-permanent position for a 
period and in the manner provided by rule of the 
commission. The provisions of this section as 
herein amended shall only be applicable to req- 
uisitions for permanent positions filled from and 
after January 1, 1980. 

A8.341 REMOVAL OR DISCHARGE OF 
PERMANENT, NON-PROBATIONARY 
EMPLOYEES 

A. Any person employed under the civil 
service provisions of this charter, exclusive of 
members of the uniformed ranks of the police 
and fire departments as provided under Section 
8.343 hereof, in a position defined by the com- 
mission as "permanent" may be removed or dis- 
charged by the appointing officer for just cause, 
after being provided with written notice of the 
charges, copies of all documentation upon which 
the charges are based and after an opportunity 
to respond to the charges before the appointing 
officer or his or her designee. Pending investiga- 
tion of conduct involving misappropriation of 
public funds or property, misuse or destruction of 
public property, drug addiction or habitual in- 
temperance, mistreatment of persons, immoral- 
ity, acts which would constitute a felony or mis- 
demeanor involving moral turpitude, or acts which 
present an immediate danger to the public health 
and safety the appointing officer may place the 
accused person on unpaid administrative leave 
for no more than 30 days unless the investiga- 
tion shall be delayed beyond such time by the act 
of the accused person. When the appointing 
officer imposes discharge or removal he or she 
shall, in writing, notify the person removed or 
discharged of the right to appeal the discharge or 
removal by mailing such statement to his last 
known address. The employee shall have thirty 
days from the date of mailing of the notice to file 
an appeal of the matter in writing with the 
appointing officer. Upon receipt of a timely ap- 
peal, the appeal shall be conducted forthwith by 
a qualified and unbiased hearing officer who 



345 



Appendix A: Employment Provisions 



A8.343 



shall be employed under contract by the City and 
County and selected by procedures set forth in 
the rules of the civil service commission. The 
hearing officer shall publicly hear and determine 
the appeal, and may approve the discharge or 
removal, or exonerate, or suspend the accused. 

If the employee is exonerated the hearing 
officer may, at his or her discretion, order pay- 
ment of salary to the employee for the period of 
the discharge or removal or unpaid administra- 
tive leave, and the report of such period of 
discharge or removal or unpaid administrative 
leave shall thereupon be expunged from the 
record of service of such employee. 

The civil service commission shall immedi- 
ately be notified of the charges when made, of 
the action of the appointing officer to remove or 
discharge, of the appeal, and of the finding 
thereon. The finding of the hearing officer shall 
be final. 

The civil service commission may remove or 
discharge an employee for any charge filed by a 
citizen or by any member of or authorized agent 
of the commission when the appointing officer 
neglects or refuses to take such action against 
the employee within 30 days of notification to the 
department head of the occurrence or event 
giving rise to the charge. Removal or discharge 
may be made for any cause after the employee is 
provided with written notice of the charges, 
copies of all documentation upon which the charges 
are based and after the employee has had the 
opportunity to respond to the charges before the 
civil service commission or its designee. The 
decision of the civil service commission shall be 
final. 

Nothing in this section shall limit or restrict 
rules adopted by the commission governing dis- 
missal of probationary employees, lay-offs or 
reduction in force or providing for the removal of 
any appointee who has abandoned his or her 
position as defined by civil service commission 
rule. 

\ B. Notwithstanding the provisions of Sub- 
section A above, a recognized employee organiza- 
tion and any affected City department may agree 
to alternative procedures, including final and 



binding arbitration by a neutral arbitrator jointly 
selected by the employee organization and the 
City, to deal with charges brought against indi- 
vidual employees, the resolution of such charges 
and the appropriate discipline, if any, to be 
imposed on the employee. Said alternative pro- 
cedures shall be included in a Memorandum of 
Understanding between the City and the em- 
ployee organization which shall be effective when 
ratified by the board of supervisors. 

A8.342 DISCIPLINARY SUSPENSIONS 

The appointing officer may, for disciplinary 
purposes, suspend a subordinate for a period not 
exceeding 30 days; and suspension shall carry 
with it the loss of salary for the period of suspen- 
sion. The suspended employee shall be notified 
in writing of the reason for such suspension, and 
if the suspension be for more than five days the 
employee shall, at his request, be given a hear- 
ing by the appointing officer. The decision of the 
appointing officer in all cases of suspension for 
disciplinary purposes shall be final. 

A8.343 FINE, SUSPENSION AND 
DISMISSAL IN POLICE AND FIRE 
DEPARTMENTS 

Members of the uniformed ranks of the fire or 
the police department guilty of any offense or 
violation of the rules and regulations of their 
respective departments, shall be liable to be 
punished by reprimand, or by fine not exceeding 
one month's salary for any offense, or by suspen- 
sion for not to exceed three months, or by dis- 
missal, after trial and hearing by the commis- 
sioners of their respective departments; provided, 
however, that the chief of each respective depart- 
ment for disciplinary purposes may suspend such 
member for a period not to exceed 10 days for 
violation of the rules and regulations of his 
department. Any such member so suspended 
shall have the right to appeal such suspension to 
the fire commission or to the police commission, 
as the case may be, and have a trial and hearing 
on such suspension. Written notice of appeal 
must be filed within 10 days after such suspen- 
sion and the hearing of said appeal must be held 
within 30 days after the filing of said notice of 



A8.343 



San Francisco - Charter 



346 



appeal. If the commission shall reverse or alter 
the finding of the chief, it shall order that the 
member affected be paid salary for the time of 
the suspension received or altered. In the event 
the chief should exercise such power of suspen- 
sion, the member involved shall not be subject to 
any further disciplinary action for the same 
offense; provided, that where the Office of Citi- 
zen Complaints has sustained a complaint and 
recommended discipline in excess of a 10-day 
suspension, the Chief of Police may not exercise 
his or her power of suspension under this section 
without first meeting and conferring with the 
director of the Office of Citizen Complaints and 
affording the director an opportunity to verify 
and file charges with the Police Commission 
pursuant to Section 4.127. If the director of the 
Office of Citizen Complaints verifies and files 
charges, the Police Commission shall conduct a 
trial and hearing thereon, and the Chief of Police 
may not suspend the member pending the out- 
come of the Police Commission proceedings on 
the charges except as provided in Section A8.344. 

Subject to the foregoing, members of the 
uniformed ranks of either department shall not 
be subject to dismissal, nor to punishment for 
any breach of duty or misconduct, except for 
cause, nor until after a fair and impartial trial 
before the commissioners of their respective de- 
partments, upon a verified complaint filed with 
such commission setting forth specifically the 
acts complained of, and after such reasonable 
notice to them as to time and place of hearings as 
such commission may, by rule, prescribe. The 
accused shall be entitled, upon hearing, to ap- 
pear personally and by counsel; to have a public 
trial; and to secure and enforce, free of expense, 
the attendance of all witnesses necessary for his 
defense. (Amended November 2003) 

A8.344 TEMPORARY SUSPENSION 
PENDING COMMISSION HEARING; 
EXONERATION OF CHARGES 

In the circumstances listed in Section A8.341 
the chief of the police department and the chief of 
the fire department may temporarily suspend a 
member of the respective department pending a 
hearing before the police or fire commission on 



disciplinary charges against the member, and 
the member shall be entitled to a prompt admin- 
istrative hearing to determine if he or she should 
remain suspended pending the outcome of the 
commission proceedings. If a member of the 
uniformed ranks of the police and fire depart- 
ments is suspended by the chief of the respective 
department pending hearing before the police or 
fire commission for charges filed against him 
and subsequently takes a voluntary leave of 
absence without pay pending his trial before the 
commission, and, if after such trial he is exoner- 
ated of the charges filed against him, the com- 
mission shall order payment of salary to such 
member for the time under suspension and may, 
in its discretion, order payment of salary to such 
member for the time on voluntary leave of ab- 
sence without pay, and the report of such sus- 
pension and leave of absence without pay shall 
thereupon be expunged from the record of ser- 
vice of such member. (Added November 2003) 

A8.345 DISCIPLINARY ACTION 
AGAINST STRIKING EMPLOYEES 

The people of the City and County of San 
Francisco hereby find that the instigation of, or 
participation in, strikes against said City and 
County by any member of the uniformed forces of 
the police or fire departments constitutes a seri- 
ous threat to the lives, property and welfare of 
the citizens of said City and County and hereby 
declares as follows: 

No uniformed member of the police and fire 
departments employed under the civil service 
provisions of this charter shall instigate, partici- 
pate in, or afford leadership to a strike against 
the City and County, or engage in any picketing 
activity in furtherance of such a strike. In the 
event of any such strike against the City and 
County, it shall be the duty of the appropriate 
appointing officer of the City and County to 
ascertain the identity of any officer or employee 
of the City and County under his jurisdiction 
who is in violation of the provisions of this 
section and to initiate dismissal proceedings 
against said officer or employee in accordance 
with the provisions of Section 8.341 of this chap- 
ter. Any citizen of the City and County may file 



347 



Appendix A: Employment Provisions 



A8.346 



written charges against an officer or employee in 
violation of the provisions of this section and the 
appropriate appointing officer shall receive and 
investigate, without delay, any such written 
charge, and forthwith inform said citizen of find- 
ings and action, or proposed action, thereon. 

If the appointing officer, after a hearing, 
determines that the charges are supported by 
the evidence submitted, said appointing officer 
shall dismiss the employee involved and said 
employee shall not be reinstated or returned to 
City and County of San Francisco employment 
except as a new employee who is employed in 
accordance with the regular emplojnnent prac- 
tices of the City and County in effect for the 
particular position of employment. 

In the event any appointing officer deter- 
mines that he shall be unable to meet constitu- 
tional due process requirements in providing a 
timely hearing to any officer or employee charged 
hereunder, he may, subject to the budget and 
fiscal provisions of the charter, engage the ser- 
vices of one or more qualified hearing officers to 
conduct hearings hereunder. In conducting said 
hearings, any hearing officer shall have the 
same powers as granted to an appointing officer 
hereunder. 

No officer, board or commission of the City 
and County shall have the power to grant am- 
nesty to any person charged with a violation of 
any of the provisions of this section. 

In order to bring the provisions of this section 
to the attention of any person who may be 
affected thereby, each member of the uniformed 
force of the police department and each member 
of the uniformed force of the fire department on 
the effective date of this section, and each person 
appointed to the position of Q2 police officer or 
the position of H2 fireman on or after the effec- 
tive date of this section shall be furnished a copy 
of the provisions of this section and shall make 
under oath and file in the office of the civil 
service commission the following declaration: "I 
hereby acknowledge receipt of a copy of the 
provisions of Section 8.345 of the charter of the 
City and County of San Francisco and hereby 
declare that during the term of my employment 



in either the Police Department or the Fire 
Department of said City and County, I shall 
neither instigate, participate in or afford leader- 
ship to a strike against said City and County nor 
engage in any picketing activity in furtherance 
of such a strike." 

A dismissal imposed pmrsuant to this section 
(8.345) shall not be appealable to the civil service 
commission. 

A8.346 DISCIPLINARY ACTION 
AGAINST STRIKING EMPLOYEES 
OTHER THAN MEMBERS OF POLICE 
AND FIRE DEPARTMENT 

The people of the City and County of San 
Francisco hereby find that the instigation of or 
participation in, strikes against said City and 
County by any officer or employee of said City 
and County constitutes a serious threat to the 
lives, property, and welfare of the citizens of said 
City and County and hereby declare as follows: 

(a) As used in this section the word "strike" 
shall mean the willful failure to report for duty, 
the willful absence from one's position, any con- 
certed stoppage or slowdown of work, any con- 
certed interruption of operations or services by 
employees, or the willful abstinence in whole or 
in part from the full, faithful, and proper perfor- 
mance of the duties of employment, for the 
purpose of inducing, influencing, or coercing a 
change in the conditions of emplojrment; pro- 
vided, however, that nothing contained in this 
section shall be construed to limit, impair, or 
affect the right of any municipal employee to 
express or communicate a view, grievance, com- 
plaint, or opinion on any matter related to the 
conditions or compensation of municipal employ- 
ment or their betterment, so long as the same is 
not designed to and does not interfere with the 
full, faithful, and proper performance of the 
duties of employment. 

(b) No person holding a position by appoint- 
ment or employment under the civil service 
provisions of this charter, exclusive of uniformed 
members of the police and fire departments as 
provided under Section 8.345 of this charter, 
which persons are hereinafter referred to as 



A8.346 



San Francisco - Charter 



348 



municipal employees, shall strike, nor shall any 
municipal employee cause, instigate, or afford 
leadership to a strike against the City and County 
of San Francisco. For the purposes of this sec- 
tion, any municipal employee who willfully fails 
to report for duty, is willfully absent from his or 
her position, willfully engages in a work stop- 
page or slowdown, willfully interrupts City op- 
erations or services, or in any way willfully 
abstains in whole or in part from the full, faith- 
ful, and proper performance of the duties of his 
or her emplojnnent because such municipal em- 
ployee is "honoring" a strike by other municipal 
employees, shall be deemed to be on strike. 

(c) No person exercising any authority, su- 
pervision, or direction over any municipal em- 
ployee shall have the power to authorize, ap- 
prove, or consent to a strike by any one or more 
municipal employees, and such person shall not 
authorize, approve, or consent to such strike. No 
officer, board, commission or committee of the 
City and County of San Francisco shall have the 
power to grant amnesty to any person who has 
violated any of the provisions of this section, and 
such officer or bodies shall not grant amnesty to 
any person who has violated any of the provi- 
sions of this section. 

(d) Notwithstanding any other provision of 
law, a person violating any of the provisions of 
this section may subsequent to such violation be 
appointed or reappointed, employed or re-em- 
ployed as a municipal employee of the City and 
County of San Francisco, but only on the follow- 
ing conditions: 

(1) such person shall be appointed or reap- 
pointed, employed or re-employed as a new ap- 
pointee or employee, who is appointed or em- 
ployed in accordance with all charter provisions, 
ordinances, rules or regulations of said City and 
County in effect for new employees at the time of 
appointment, reappointment, emplojnnent or re- 
employment; 

(2) the compensation of such person shall 
not be increased by virtue of any previous em- 
ployment with said City and County. 



(e) In the event of a strike, or if the mayor 
with the concurrence of a majority of the board of 
supervisors determines that a strike is immi- 
nent, a special committee shall convene forth- 
with, which special committee shall consist of 
the presidents of the airports commission, civil 
service commission, fire commission, police com- 
mission, public transportation commission and 
public utilities commission. The president of the 
civil service commission shall serve as chairman 
of the special committee. Notwithstanding any 
other provision of law, it shall be the duty of the 
special committee to dismiss in accordance with 
the provisions of this section any municipal 
employee found to be in violation of any provi- 
sions of this section. Any person may file with 
the special committee written charges against a 
municipal employee or employees in violation of 
any of the provisions of this section and the 
special committee shall receive and investigate, 
without undue delay, and where necessary take 
appropriate actions regarding any such written 
charge(s), and forthwith inform that person of its 
findings and action, or proposed action thereon. 

In the event of a strike or determination of 
imminent strike as specified above, each appoint- 
ing officer shall deliver each day no later than 
12:00 o'clock noon to the chairman of the special 
committee a record of the absence of each em- 
ployee under his or her authority for the prior 
day and a written report describing incidents of 
and the participant(s) in violations of this section 
wherever the identity of the participant(s) is 
known to him or her and the participant(s) is 
(are) under his or her authority. 

In addition each appointing officer shall pro- 
vide to the special committee, whenever it has 
been convened under authority of law, any other 
information determined by the special commit- 
tee to be necessary for the discharge of its duties. 
The failure of an appointing officer to discharge 
any of the duties imposed upon him or her by 
this section shall be official misconduct. 

(f) An employee charged by the special com- 
mittee with a violation of this section shall be 
notified of the time and place of the hearing on 
the charges and of the nature of the charges 



349 



Appendix A: Employment Provisions 



A8.364 



against him or her. Said employee shall be given 
such other information as is required by due 
process. Said employee shall respond to said 
charges by a sworn affidavit, signed by him or 
her, and by such other information and documen- 
tation and in such a manner as is prescribed by 
the special committee. An employee failing to 
provide the responses required by this section or 
in any way failing to comply with the procedural 
time limitations and information requirements 
imposed by the special committee shall be imme- 
diately suspended and shall not be entitled to a 
hearing until he or she has fully complied with 
the aforementioned requirements. 

If the special committee, after a hearing, 
determines that the charges against the em- 
ployee are supported by the preponderance of the 
evidence submitted, said special committee shall 
dismiss the employee involved and said em- 
ployee shall not be reinstated or returned to City 
and County service except as specified in Sub- 
section (d). A dismissal or suspension invoked 
pursuant to the provisions of this section shall 
not be appealable to the civil service commission. 

(g) The special committee shall discharge 
its duties in a timely manner while preserving 
the due process rights of employees with the 
objective of obtaining immediate sanctions against 
striking employees. The willful failure of any 
member of this special committee faithfully and 
fully to discharge his or her duties in a timely 
manner and to accord absolute priority to the 
performance of those duties shall be deemed 
official misconduct. 

In the event the special committee deter- 
mines that it shall be unable to comply with 
constitutional due process requirements that a 
timely hearing be provided or that it shall be 
unable to comply with its obligations fully and in 
a timely manner to investigate and hear all 
violations of this section, then the special com- 
mittee may, subject to the budget and fiscal 
provisions of the charter, engage the administra- 
tive and clerical personnel, investigators, and 
one or more hearing officers to conduct hearings 
hereunder. In conducting hearings, the hearing 
officers shall have the same powers of inquiry 
and disposition as the special committee. 



(h) In order to provide for the effective op- 
eration of this section in the event of a strike or 
determination of imminent strike, the president 
of the civil service commission, not later than 30 
days after this section becomes effective, shall 
convene the special committee which shall adopt 
rules, regulations, and procedures for the inves- 
tigation, hearing and disposition of all violations 
of this section. 

(i) In order to bring the provisions of this 
section to the attention of any person who may 
be affected thereby, each municipal employee on 
the effective date of this section, exclusive of 
members of the uniformed forces of the police 
and fire departments as provided in Section 
8.345 hereof, and each person appointed or em- 
ployed as a municipal employee pursuant to the 
civil service provisions of this charter, exclusive 
of persons appointed to the entrance positions in 
the uniformed forces of the police and fire depart- 
ments as provided in Section 8.345 hereof, on or 
after the effective date of this section shall be 
furnished a copy of this section and shall acknowl- 
edge such receipt in writing. The signed, written 
receipt shall be filed in the office of the civil 
service commission and maintained therein for 
the term of his or her emplojrment with the City 
and County of San Francisco. 

(j) The provisions of Sections 3.100 and 
3.100-1, relating to the emergency powers of the 
mayor, shall not be applicable to the provisions of 
this section. 

(k) If any clause, sentence, paragraph, sub- 
section, or part of this section shall be adjudged 
by any court of competent jurisdiction to be 
invalid, such judgment shall not affect, impair or 
invalidate the remainder thereof, but shall be 
confined in its operation to the clause, sentence, 
paragraph, subsection, or part thereof directly 
involved in the controversy in which such judg- 
ment shall have been rendered. 

A8.364 AUTHORIZATION TO TRANSFER 
UNUSED SICK LEAVE 

(a) Employees of the City and County of 
San Francisco may transfer their unused accu- 
mulated sick leave to other employees of the City 



A8.364 



San Francisco - Charter 



350 



and County of San Francisco who have been 
determined to be catastrophically ill, and who 
have exhausted their vacation allowance, sick 
leave and compensatory time off, provided that 
such determination and such transfer may be 
made only in compliance with the terms and 
conditions established by ordinance adopted by 
the board of supervisors. 

(b) Notwithstanding Sections 8.360 and 8.363 
of this charter, within sixty (60) days of the 
effective date of this section, the Health Commis- 
sion, Civil Service Commission, and Retirement 
Board shall conduct a joint hearing to consider 
and develop recommendations for submission to 
the Board of Supervisors. The Board of Supervi- 
sors shall adopt an ordinance, as provided in 
subsection (a), and establish any rules necessary 
to administer, interpret, and regulate the provi- 
sions of this section, provided that all such rules 
shall be approved, amended, or rejected by reso- 
lution by the Board of Supervisors. (Amended 
November 1999) 

A8.365 COMPENSATION DURING 
PARENTAL LEAVE 

Under federal, state and local law, employees 
are entitled to take an unpaid leave of absence in 
the event of pregnancy disability or to care for a 
child after birth or placement for adoption or 
foster care. But employees may not have the 
financial resources to take advantage of this 
leave. This section provides compensation to 
supplement state disability insurance pajrments, 
paid sick leave, compensatory time, and other 
forms of paid leave, to ensure that an employee 
will receive the equivalent of the employee's 
salary for 12 weeks or, if the employee is tempo- 
rarily disabled by pregnancy, up to 16 weeks, 
while on approved leave. 

In accordance with this section, eligible em- 
ployees on approved Parental Leave shall re- 
ceive supplemental compensation as set forth 
herein. 

Nothing in this section shall be construed to 
expand, reduce or otherwise affect the total 
amount of leave time available to employees 
under federal, state, or local law. Civil Service 



Commission rules, or applicable memoranda of 
understanding between the City and County of 
San Francisco and employee organizations. This 
section is intended to supplement other available 
sources of income during specified periods of 
leave to which the employee is otherwise eligible. 
Except for leave mandated by law, requests for 
leave continue to be subject to the approval of the 
appointing officer. (Added November 2002) 

A8.365-1 DEFINITIONS 

The following words and phrases as used in 
this section, unless a different meaning is plainly 
required by the context, shall have the following 
meaning: 

"Domestic Partner" shall have the same mean- 
ing as set forth in Administrative Code Section 
62.1 et seq. 

"Employee" shall mean any person who is 
appointed to a position created by or which is 
under the jurisdiction of the City and County, 
whose compensation is paid by the City and 
County, and who is under the control of the City 
and County as to employment, direction and 
discharge and does not include persons who 
occupy classified or certificated positions with 
the San Francisco Unified School District or the 
Community College District or who work for the 
City as independent contractors. 

"Paid Leave" shall mean all paid time-off 
provided by the Charter, the Administrative Code, 
the Civil Service Rules or through a collective 
bargaining agreement and shall include but not 
be limited to vacation, sick leave, compensatory 
time, administrative or executive leave and float- 
ing holidays. For purposes of this section, "Paid 
Leave" shall not include statutory holidays. 

"Parental Leave" shall mean (a) Family Medi- 
cal Leave as defined below; (b) Temporary Preg- 
nancy Disability Leave as defined below: 

(a) "Family Medical Leave" shall mean leave 
taken pursuant to the Family and Medical Leave 
Act, the California Family Rights Act, or Civil 
Service Commission Rules, where such leave is 
taken after the birth of a child to the employee, 
the employee's spouse or the employee's domes- 
tic partner or for placement of a child with the 



351 



Appendix A: Employment Provisions 



A8.365-4 



employee's family for adoption or foster care, and 
has been requested and approved in accordance 
with the procedures set forth in those respective 
statutes or rules. 

(b) "Temporary Pregnancy Disability Leave" 
shall mean disability leave taken in accordance 
with State law or the Civil Service Commission 
Rules because of an employee's inability to work, 
as certified by a health care provider, for reasons 
of pregnancy, childbirth, or related conditions, as 
defined by the California Fair Emplo3niient and 
Housing Act, Govt. Code Section 12945(b)(2) et 
seq. 

"Supplemental Compensation" shall mean 
compensation paid by the City to eligible employ- 
ees on Parental Leave. The amount of Supple- 
mental Compensation shall be the employee's 
regular base wage less (1) accrued paid leave 
from the City and (2) any pajnnents received by 
the employee from a federal, state or other local 
government agency in lieu of compensation. 
(Added November 2002) 

A8.365-2 ELIGIBILITY 

The following employees shall be eligible to 
receive compensation as set forth herein: 

(a) Permanent, provisional, and exempt em- 
ployees whose normal work week is not less than 
twenty (20) hours upon completion of six months 
of continuous service; and 

(b) All other employees of the City and 
County of San Francisco, including "as needed" 
employees, who have worked one thousand and 
forty hours (1040) in the twelve (12) months 
prior to the beginning of the parental leave and 
whose average work week is not less than twenty 
hours. (Added November 2002) 

A8.365-3 DURATION 

Employees shall receive supplemental com- 
pensation as set forth herein for a period not to 
exceed twelve weeks while on approved Family 
Medical Leave. Employees who take approved 
Temporary Pregnancy Disability Leave shall re- 
ceive up to an additional four weeks of compen- 



sation. Such compensation shall be subject to the 
conditions set forth in Section A8.365-4. (Added 
November 2002) 

A8.365-4 SUPPLEMENTAL 
COMPENSATION 

(a) Employees shall receive their regular 
base wage while on approved Parental Leave 
subject to the following conditions; 

(1) Employees on approved Parental Leave 
shall first exhaust all accrued paid leave before 
receiving any Supplemental Compensation un- 
der this section. If an employee chooses not to 
exhaust these leaves, the total amount of the 
benefit for which the employee would otherwise 
have been eligible will be reduced by the amount 
of paid leave accrued by the employee as of the 
start of the leave. 

(2) The amount of Supplemental Compen- 
sation shall be reduced by any payments re- 
ceived by the employee from a federal, state or 
other local government agency while on Parental 
Leave. 

(3) Supplemental Compensation shall be pro- 
vided for no more than twelve weeks, in the case 
of employees taking Family Medical Leave, or 
sixteen weeks, in the case of employees who take 
Temporary Pregnancy Disability Leave. For em- 
ployees eligible for both Family Medical Leave 
and Temporary Pregnancy Disability Leave, 
Supplemental Compensation shall be provided 
for no more than sixteen weeks total. The twelve 
or sixteen week period shall be reduced by any 
paid leave taken after the birth of a child to the 
employee, the employee's spouse, or the employee's 
domestic partner, placement of a child with the 
employee's family for adoption or foster care, or 
taken for temporary pregnancy disability, within 
twelve months prior to the commencement of 
Parental Leave as defined herein. 

(4) Under no circumstance shall an em- 
ployee receive from the City supplemental com- 
pensation under this Charter section which would 
result in an employee receiving total compensa- 
tion while on Parental Leave which is greater 
than the employee's regular base wage. 



A8.365-4 



San Francisco - Charter 



352 



(b) During parental leave, the City shall 
continue to pay the contributions required by 
this Charter for retirement and health benefits, 
and any employer-paid employee retirement and 
health contributions required under the memo- 
randum of understanding or unrepresented ordi- 
nance covering the employee. Retirement contri- 
butions shall be based on the actual amount of 
City pay received during the period of parental 
leave. (Added November 2002) 

A8.365-5 REIMBURSEMENT 

Any individual receiving compensation pur- 
suant to this section shall execute an agreement 
providing that if the individual voluntarily sepa- 
rates from City service prior to returning to work 
for at least six months, the compensation de- 
scribed in Section A8. 365-4 shall be treated as a 
loan payable with interest at a rate equal to the 
greater of (i) the rate received for the concurrent 
period by the Treasurer's Pooled Cash Account or 
(ii) the minimum amount necessary to avoid 
imputed income under the Internal Revenue 
Code of 1986, as amended from time to time, and 
any successor statute. Unless an alternative 
repajnnent schedule is agreed to by the City and 
the individual, such loan shall be payable in 
equal monthly installments over a period not to 
exceed 5 years, commencing 30 days following 
the individual's separation from City employ- 
ment. (Added November 2002) 

A8.365-6 NON-VESTED BENEFIT 

This Charter section creates no vested ben- 
efits. The voters expressly reserve the right to 
review the City's parental leave policy and the 
benefits provided in this section and may alter or 
repeal such benefits for any or no reason. 

A8.365-7 RULES FOR ADMINISTRATION, 
INTERPRETATION AND REGULATION 
OF PARENTAL LEAVE 

Within 120 days of approval by the voters of 
this Amendment, the Department of Human 
Resources shall develop any procedures neces- 
sary to administer, interpret, and regulate the 



provisions of this section, provided that all such 
rules shall be approved, amended, or rejected by 
ordinance by the Board of Supervisors. 

The amendments of this section contained in 
the proposition therefor submitted to the elector- 
ate on November 5, 2002 shall be effective July 1, 
2003. (Added November 2002) 

A8.400 GENERAL RULES FOR 
ESTABLISHING AND PAYING 
COMPENSATION 

(a) The board of supervisors shall have power 
and it shall be its duty to fix by ordinance from 
time to time, as provided in Section 8.401, all 
salaries, wages and compensations of every kind 
and nature, except pension or retirement allow- 
ances, for the positions, or places of employment, 
of all officers and employees of all departments, 
offices, boards and commissions of the City and 
County in all cases where such compensations 
are paid by the City and County. 

(b) The board of supervisors shall have power 
by ordinance to provide the periods when sala- 
ries and wages earned shall be paid provided, 
that until such ordinance becomes effective, all 
wages and salaries shall be paid semi-monthly. 
No salary or wage shall be paid in advance. It 
shall be official misconduct for any officer or 
employee to present or approve a claim for full- 
time or continuous personal service other than in 
the manner provided by this charter. 

(c) All personal services shall be paid by 
warrants on the basis of a claim, bill, timeroU or 
payroll approved by the head of the department 
or office employing such service. The clEiims, bills 
or payrolls, hereinafter designated as payrolls, 
for salaries, wages or compensation for personal 
services of all officers, assistants and employees 
of every class or description, without regard to 
the name or title by which they are known, for 
each department or office of the City and County 
shall be transmitted to the department of human 
resources before presentation to the controller. 

(d) The human resources director shall verify 
that all persons whose names appear on pa5rrolls 
have been legally appointed to or employed in 
positions legally established under this charter. 



353 



Appendix A: Employment Provisions 



A8.400 



In performing such verification said director 
may rely upon the results of electronic data 
processing. Said director shall direct his atten- 
tion to exception reports produced by such pro- 
cessing; he shall approve or disapprove each 
item thereon and transmit said exception reports 
to the controller. The controller shall not draw 
his warrant for any claim for personal services, 
salary, wages or compensation which has been 
disapproved by the said director. 

(e) For the purpose of the verification of 
claims, bills, timeroUs, or pajnrolls, contractual 
services represented by teams or trucks hired by 
any principal executive or other officer of the 
City and County shall be considered in the same 
manner as personal service items and shall be 
included on pajnrolls as approved by said princi- 
pal executive or other officers, and shall be 
subject to examination and approval by the hu- 
man resources director and the controller in the 
same manner as pajmients for personal services. 

(f) The salary, wage or other compensation 
fixed for each officer and employee in, or as 
provided by this charter, shall be in full compen- 
sation for all services rendered, and every officer 
and employee shall pay all fees and other mon- 
eys received by him, in the course of his office or 
employment, into the City and County treasury. 

(g) No officer or employee shall be paid for a 
greater time than that covered by his actual 
service; provided, however, that the basic amount 
of salary, wage or other compensation, excluding 
premium pay differentials of any t3iT)e whatso- 
ever of any officer or employee who may be called 
upon for jury service in any municipal, state or 
federal court, shall not be diminished during the 
term of such jury service. There shall, however, 
be deducted from the amount of basic salary, 
wage or other compensation, excluding any pay 
premium differentials of any tjpe whatsoever 
payable by the City and County to the officer or 
employee for such period as such officer or em- 
ployee may be absent on account of jury service, 
any amounts which the officer or employee may 
receive on account of such jury service. Any 
absence from regular duty or emplojnnent while 



on jury duty shall be indicated on timeroUs by an 
appropriate symbol to be designated by the con- 
troller. 

(h) Notwithstanding any other limitation in 
the Charter to the contrary, and subject to meet 
and confer obligations of state law, the Mayor 
may request that the Board of Supervisors enact, 
and the Board shall then have the power to so 
enact, an ordinance entitling City officers or 
employees called to active duty with a United 
States military reserve organization to receive 
from the City the following as part of the 
individual's compensation: for a period to be 
specified in the ordinance, the difference be- 
tween the amount of the individual's military 
pay and the amount the individual would have 
received as a City officer or employee had the 
employee worked his or her normal work sched- 
ule, including any merit raises which otherwise 
would have been granted during the time the 
individual was on active duty. Any such ordi- 
nance shall be subject to the following limita- 
tions and conditions; 

1. The individual must have been called 
into active service for a period greater than 30 
consecutive days. 

2. The purpose for such call to active service 
shall be extraordinary circumstances and shall 
not include scheduled training, drills, unit train- 
ing assemblies, or similar events. 

3. The amounts authorized pursuant to such 
an ordinance shall be offset by amounts required 
to be paid pursuant to any other law in order 
that there be no double payments. 

4. Any individual receiving compensation 
pursuant to such an ordinance shall execute an 
agreement providing that if such individual does 
not return to City service within 60 days of 
release from active duty, or if the individual is 
not fit for emplojnnent at that time, within 60 
days of return to fitness for emplojnnent, then 
that compensation shall be treated as a loan 
payable with interest at a rate equal to the 
greater of (i) the rate received for the concurrent 
period by the Treasurer's Pooled Cash Account or 
(ii) the minimum amount necessary to avoid 
imputed income under the Internal Revenue 



A8.400 



San Francisco - Charter 



354 



Code of 1986, as amended from time to time, and 
any successor statute. Such loan shall be payable 
in equal monthly installments over a period not 
to exceed 5 years, commencing 90 days after the 
individual's release from active service or return 
to fitness for employment, as the case may be. 

5. Such an ordinance shall not apply to any 
active duty served voluntarily after the time that 
the individual is called to active service. 

6. Such ordinance shall not be retroactive. 
(Amended March 2004) 

A8.401 EARLY RETIREMENT BENEFITS 
TARGETED TO MITIGATE LAYOFFS 

A8.401-1 PURPOSE 

The current fiscal crisis requires the City and 
County to lay off employees to balance its bud- 
get. The need for such layoffs is expected to 
continue through fiscal years 2003-2004 and 
2004-2005. The purpose of this early retirement 
measure is to: (1) encourage employees in clas- 
sifications identified for layoff, due to cuts in 
City and County services or functions, to take 
early retirement, (2) minimize the effects of 
layoff's on employees already laid off from these 
classifications by increasing the possibility of 
return from holdover lists, (3) achieve good labor 
relations by extending the benefits to eligible 
employees who were laid off after March 1, 2003, 
but before the date this measure was enacted, (4) 
limit early retirement benefits to employees in 
classifications identified for layoffs, (5) provide 
for certification by the Controller that the num- 
ber of employees selected for early retirement 
benefits in each classification shall not exceed 
the number of employees separated due to layoff, 
and (6) provide for participation by the School 
District and the Community College District. 
(Added November 2003) 

A8.401-2 EARLY RETIREMENT 
BENEFITS 

The following criteria govern those employ- 
ees eligible to receive the early retirement ben- 
efit set forth in Section A8.522 of the Charter. 
(Added November 2003) 



A8.401-3 AUTHORITY 

During fiscal years 2003-2004 and 2004- 
2005, the Mayor shall identify, subject to confir- 
mation by the Controller and the Director of the 
Department of Human Resom'ces ("Director"): 

(A) City and County services or functions 
that have been terminated or reduced during the 
fiscal year because of budget constraints, and 

(B) The classifications of positions that have 
been eliminated in the budget for the fiscal year 
because of the termination or reduction of City 
and County services or functions ("Identified 
Classifications"). (Added November 2003) 

A8.401-4 SCHEDULE 

The determinations made by the Mayor, Con- 
troller and the Director under Section A8. 401-3, 
above, shall be made after the Board of Supervi- 
sors has enacted the budget for the fiscal year or 
adopted a supplemental change to the budget. 
(Added November 2003) 

A8.401-5 ELIGIBILITY 

The Director shall develop procedures accord- 
ing to the following criteria and limitations to 
identify those employees eligible to receive early 
retirement benefits due to layoffs in Identified 
Classifications. 

(A) The Director shall identify employees 
eligible for early retirement benefits in the fol- 
lowing order: 

1. Permanent civil service employees 

a. In order of seniority, employees currently 
employed in an Identified Classification and em- 
ployees laid off between March 1, 2003 and June 
30, 2005 from an Identified Classification. 

b. In order of seniority, employees currently 
employed in classifications that have been near- 
listed to an Identified Classification. 

The Director shall determine seniority at the 
time of notification using the Civil Service Com- 
mission rules on layoff. A current employee who 
has not received notice that he or she will be 
separated from employment due to layoff shall 
be eligible for early retirement benefits only if 
his or her retirement would result in the reten- 



355 



Appendix A: Employment Provisions 



tion or return to employment of an employee who 
has received notice of separation or been sepa- 
rated from emplojrment due to layoff. 

2. Exempt and provisional employees. 

Exempt and provisional employees, employed 
under Charter Sections 10.104 or 10.105, shall 
be eligible for early retirement benefits only if 
they have been involuntarily separated from 
emplo3nnent due to layoff between March 1, 2003 
and June 30, 2005 from an Identified Classifica- 
tion. 

(B) The number of employees who receive 
early retirement benefits in each Identified Clas- 
sification shall not exceed the number of employ- 
ees noticed for separation or separated from 
employment due to layoffs in the Identified Clas- 
sification. The Controller shall certify the names 
of the employees identified, and that the number 
of employees identified for early retirement ben- 
efits in each Identified Classification does not 
exceed the number of employees separated from 
employment due to layoffs in the Identified Clas- 
sification. (Added November 2003) 

A8.401-6 NOTIFICATION PROCEDURE 

The Director shall notify in writing those 
employees eligible for early retirement benefits, 
with a copy to the retirement system, and shall 
set a deadline for the employees to retire, not to 
exceed 30 days after notification. (Added Novem- 
ber 2003) 

A8.401-7 EXTENSION 

This program may be extended by a three- 
fourths vote of the Board of Supervisors. The 
Board may authorize an extension limited to 
fiscal years 2005-2006 and 2006-2007. (Added 
November 2003) 

A8.401-8 COSTS 

The City and County, not the Retirement 
System, shall bear the costs of identifying and 
giving notice, as described in this section, to 
employees ehgible for the early retirement ben- 
efit. (Added November 2003) 



A8.401-11 



A8.401-9 SCHOOL AND COMMUNITY 
COLLEGE DISTRICTS 

For the purpose of offering early retirement 
benefits to their eligible employees, the San 
Francisco Unified School District and the San 
Francisco Community College District, through 
their authorized officials, shall exercise the au- 
thority granted in Section A8.401-3 to identify 
classifications of positions, held by employees 
enrolled in the San Francisco Retirement Sys- 
tem, that meet the criteria in Section A8.401-3. 
Any offer of early retirement benefits to School 
District or Community College District employ- 
ees shall be governed by the criteria, limitations 
and procedures set forth in Sections AS. 401-3 
through A8.40 1-8 above. The determinations made 
in Section A8.401-3 by the School District or the 
Community College District shall be made after 
the governing bodies of the School District or 
Community College District, as appropriate, have 
adopted the budget for the fiscal year or adopted 
a supplemental change to the budget. (Added 
November 2003) 

A8.401-10 NON-VESTED BENEFIT 

This Section and Section A8. 522 do not create 
vested rights in any employee who has not yet 
retired under this Section. The voters expressly 
reserve the right to alter or repeal for any reason 
the early retirement benefits provided in this 
Section and Section A8.522. (Added November 
2003) 

A8.401-11 DISCRETIONARY AUTHORITY 

The determinations made under this Section 
are within the sole discretion of the City and 
County, School District and Community College 
District. In adopting this charter amendment 
the voters intend to grant broad discretion to 
City and County officials, including the Director 
and the Controller, as well as appropriate School 
District and Community College District offi- 
cials. The voters intend that courts grant defer- 
ence to these officials' interpretations and appli- 
cations of the provisions of this charter 
amendment. The voters intend that courts defer 
to the decisions of these officials unless they are 
devoid of any conceivable basis in reason. The 



A8.401-11 



San Francisco - Charter 



356 



voters do not intend to impose any duties on the 
City and County, or its officials, including the 
Director and Controller, or on the School Dis- 
trict, Community College District, or their offi- 
cials, for breach of which any aggrieved party 
may recover damages, attorneys fees or costs. 
(Added November 2003) 

A8.402 COMPENSATION OF TEACHERS, 
PART-TIME EMPLOYEES AND CERTAIN 
OTHER GROUPS 

Compensations of the teaching and other 
technical forces of the school department and 
employees of the Steinhart Aquarium and law 
library departments, construction employees en- 
gaged outside of the City and County, part-time 
employees, and inmate and institutional help 
receiving less than $50 per month, shall be fixed 
by the department head in charge thereof, with 
the approval of the board or commission, if any, 
in charge of the department concerned and sub- 
ject to the budget and appropriation provisions 
of this charter; provided that part-time employ- 
ees shall be recorded as such by a principal 
executive, only with approval of the civil service 
commission and, when so recorded, shall be 
noted as part-time on pajnrolls, budget estimates, 
salary ordinance and similar documents. 

A8.403 COMPENSATION FOR 
REGISTERED NURSE CLASSIFICATIONS 

The salary, conditions and benefits of employ- 
ment of the various classifications of nurses 
required to possess a registered nurse license 
issued by the State of California as provided for 
in this section as compensation shall be deter- 
mined and fixed annually as follows: 

(a) On or before May 1, 1982, and each year 
thereafter, the civil service commission shall 
certify to the board of supervisors for the acute 
care staff nurse classification the highest prevail- 
ing salary schedule in effect on April 15 of that 
year, and salary adjustments, if any, to be effec- 
tive during the City and County's next succeed- 
ing fiscal year, granted by collective bargaining 
agreement to comparable registered nurse em- 
ployees in public and private emplo3niient in the 
counties of Alameda, Contra Costa, Marin, San 



Mateo, San Francisco and Santa Clara. Rates of 
pay for other registered nurse classifications 
shall reflect not less than the same relationships 
to the benchmark registered nurse classification 
that those classifications had in fiscal year 1980- 
1981 to the then benchmark classification. 

(b) The board of supervisors shall on or 
before June 1, 1982, and each year thereafter, fix 
a salary schedule for each classification which 
shall not be in excess of the schedules certified by 
the civil service commission, for each such clas- 
sification, except as provided in Subsection (f) 
below, and provided, further, that no employee's 
basic rate of pay shall be reduced to conform to 
the highest prevailing salary schedule except as 
provided for in Section 8.406; 

(c) The rates of pay fixed for each classifi- 
cation shall become effective at the beginning of 
the next succeeding fiscal year; 

(d) The terms "salary schedule" and "salary 
schedules" wherever used in this section are 
hereby defined and intended to include only the 
maximum rate of pay provided in each such 
salary schedule; the term "salary adjustments" 
shall mean an increase or decrease to the maxi- 
mum rate of pay; 

(e) At the time the board of supervisors 
fixes the salary schedule as provided in (b) 
above, the board of supervisors may fix as con- 
ditions and benefits of employment other than 
salaries as compensation for each classification, 
conditions and benefits not to exceed the intent 
of those conditions and benefits granted by col- 
lective bargaining agreements to comparable clas- 
sifications by the employer used for certification 
of the highest prevailing salary schedule by the 
civil service commission. The board of supervi- 
sors may establish such conditions and benefits 
notwithstanding other provisions or limitations 
of this charter, with the exception that such 
conditions and benefits shall not involve any 
change in the administration of or benefits of the 
retirement system, health service system or va- 
cation allowances provided elsewhere in this 
charter. Conditions and benefits of employment 
existing prior to July 1, 1982 may be continued 
by the board of supervisors; 



357 



Appendix A: Employment Provisions 



A8.404 



(f) When the employer used for certification 
in Subsection (a) above, provides rates of pay 
during the current fiscal year in excess of those 
fixed by the board of supervisors for said current 
fiscal year, or vacation and health service ben- 
efits greater than such similar benefits provided 
by this charter for the staff nurse classification, 
the civil service commission shall certify to the 
board of supervisors an amount not to exceed the 
difference of such salary and benefits converted 
to dollar values and the board of supervisors may 
provide additional salary, conditions and ben- 
efits of emplojmient at a cost not to exceed said 
dollar value. 

A8.404 SALARIES AND BENEFITS OF 
CARMEN 

The wages, conditions and benefits of employ- 
ment as provided for in this section of the various 
classifications of emplo5niient of plat-form em- 
ployees and coach or bus operators of the munici- 
pal railway as compensation, shall be deter- 
mined and fixed annually as follows: 

(a) On or before the first Monday of August 
of each year, the civil service commission shall 
certify to the board of supervisors for each clas- 
sification of employment the average of the two 
highest wage schedules in effect on July 1st of 
that year for comparable platform employees 
and coach or bus operators of other surface street 
railway and bus systems in the United States 
operated primarily within the municipalities hav- 
ing each a population of not less than 500,000 as 
determined by the then most recent census taken 
and published by the director of the census of the 
United States, and each such system normally 
employing not less than 400 platform employees 
or coach or bus operators, or platform employees; 
coach and bus operators. 

(b) The board of supervisors shall there- 
upon fix a wage schedule for each classification 
of platform employees and coach and bus opera- 
tors of the municipal railway which shall not be 
less than the average of the two highest wage 
schedules so certified by the civil service commis- 
sion for each such classification. 



(c) When, in addition to their usual duties, 
such employees are assigned duties as instruc- 
tors of platform employees or coach or bus opera- 
tors they shall receive additional compensation 
that shall be subject to negotiation in addition to 
the rate of pay to which they are otherwise 
entitled under the wage schedule as herein pro- 
vided. 

(d) The rates of pay fixed for platform em- 
ployees and coach and bus operators as herein 
provided shall be effective from July 1st of the 
year in which such rates of pay are certified by 
the civil service commission. 

(e) The terms "wage schedule" and "wage 
schedules" wherever used in this section are 
hereby defined and intended to include only the 
maximum rate of pay provided in each such 
wage schedule. 

(f) At the time the board of supervisors fixes 
the wage schedule as provided in (b) above, the 
board of supervisors may fix as conditions and 
benefits of emplojrment other than wages as 
compensation for platform employees and coach 
or bus operators of the municipal railway, condi- 
tions and benefits not to exceed those conditions 
and benefits granted by collective bargaining 
agreements to the comparable platform employ- 
ees and coach or bus operators of the two sys- 
tems used for certification of the average of the 
two highest wage schedules by the civil service 
commission. The board of supervisors may estab- 
lish such conditions and benefits notwithstand- 
ing other provisions or limitations of this char- 
ter, with the exception that such conditions and 
benefits shall not involve any change in the 
administration of, or benefits of the retirement 
system, health service system or vacation allow- 
ances as provided elsewhere in this charter. For 
all purposes of the retirement system as related 
to this section, the word "compensation" as used 
in Section 8.509 of this charter shall mean the 
"wage schedules" as fixed in accordance with 
paragraphs (a) and (b) above, including those 
differentials established and paid as part of 
wages to platform employees and coach and bus 
operators of the municipal railway, but shall not 
include the value of those benefits paid into the 



Supp. No. 13, January 2008 



A8.404 



San Francisco - Charter 



358 



fund established as herein provided. Provided 
that when in the two systems used for certifica- 
tion as provided above, vacation, retirement and 
health service benefits are greater than such 
similar benefits provided by this charter for 
platform employees, coach or bus operators of 
the municipal railway, then an amount not to 
exceed the difference of such benefits may be 
converted to dollar values and the amount equiva- 
lent to these dollar values shall be paid into a 
fund. The fund shall be established to receive 
and to administer said amounts representing the 
differences in values of the vacation, retirement 
and health service benefits, and to pay out ben- 
efits that shall be jointly determined by repre- 
sentatives of the city and county government 
and the representatives of the organized plat- 
form employees and coach and bus operators of 
the municipal railway. The civil service commis- 
sion shall adopt rules for the establishment and 
general administration of the fund as herein 
provided. Such rules shall provide for a joint 
administration of the fund by representatives of 
the city and county government, which shall 
include representatives of the administrator of 
the agency responsible for the municipal railway 
and representatives of the organized platform 
employees, coach and bus operators of the mu- 
nicipal railway. Such rules may provide a proce- 
dure for final and binding arbitration of disputes 
which may arise between representatives of the 
city and county government and the representa- 
tives of the organized platform employees and 
coach and bus operators of the municipal rail- 
way. Such rules shall provide that all invest- 
ments of the fund shall be of the character legal 
for insurance companies in California. Such rules 
and any amendments thereto shall be effective 
upon approval by the board of supervisors by 
ordinance. 

(g) Notwithstanding any provisions of this 
charter, including other subparts of this section, 
the board of supervisors may, after meeting and 
conferring with and reaching agreement with 
the employee organization certified as the repre- 
sentative for municipal railway operators, fix 
wages and benefits of employment other than 
wages for platform employees and coach and bus 



operators of the municipal railway under this 
section for periods in excess of one year. Any 
ordinance fixing wages and benefits of employ- 
ment other than wages adopted pursuant to this 
section for a period of more than one year shall 
contain a provision to the effect that during said 
period of time it shall be unlawful for the em- 
ployees receiving the compensation so fixed to 
engage in a strike; work stoppage or conduct 
delajdng or interfering with work at city and 
county facilities. Wages and benefits of employ- 
ment other than wages established under this 
section shall not in any year exceed the limits 
established under paragraphs (b) and (f) of this 
section. 

(h) Not later than the 25th day of August, 
the board of supervisors shall have the power 
and it shall be its duty, subject to the fiscal 
provisions of the charter but, without reference 
or amendment to the annual budget, to amend 
the annual appropriation ordinance and the an- 
nual salary ordinance as necessary to include the 
provisions for pajdng the rates of compensation 
and conditions and benefits other than wages 
fixed by the board of supervisors as in this 
section provided for platform employees and coach 
or bus operators for the then current fiscal year. 

On recommendation of the civil service com- 
mission the board of supervisors shall establish a 
rate of pay for trainee platform men and bus or 
coach operators at a level reflecting the current 
labor market but below the basic hourly rate for 
motorman, conductor and bus operator. (Amended 
by Proposition A, Approved 11/6/2007) 

A8.405 SALARIES OF UNIFORMED 
FORCES IN THE POLICE AND FIRE 
DEPARTMENTS 

(a) Not later than the first day of August of 
each year, the civil service commission shall 
survey and certify to the board of supervisors 
rates of compensation paid police officers or 
patrol officers employed in the respective police 
departments in all cities of 350,000 population or 
over in the State of California, based upon the 
latest federal decennial census. For the purpose 
of the civil service commission's survey and cer- 



Supp. No. 13, January 2008 



358.1 Appendix A: Employment Provisions A8.405 



tification the rates contained in said certification 
shall be the average of the maximum rates paid 




Supp. No. 13, January 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 13, January 2008 



359 



Appendix A: Employment Provisions 



A8.405 




to each police officer or patrol officer classifica- 
tion performing the same or essentially the same 
duties as police officers or patrol officers in the 
City and County of San Francisco. 

Thereupon the board of supervisors shall 
have the power, and it shall be its duty, by 
ordinance, to fix rates of compensation for the 
members of the police department whose annual 
compensations are set forth in Section 3.531 of 
this charter and said rates shall be in lieu of said 
annual compensations and shall be effective from 
the first day of July of the current fiscal year. 

The rates of compensation, fixed in said or- 
dinance, 

(1) for the fourth year of service and there- 
after for police officers, police patrol drivers and 
women protective officers the compensation shall 
be fixed at a rate which is the average maximum 
wage paid to police officer or patrol officer clas- 
sifications in regular service in the cities in- 
cluded in the certified report of the civil service 
commission. "Average wage" as used in this 
paragraph shall mean the sum of the maximum 
averages certified by the civil service commission 
divided by the number of police officer classifica- 
tions in cities in said certification; 

(2) for the first, second and third year of 
service for police officers, police patrol drivers 
and women protective officers shall be estab- 
lished in accordance with the general percentage 
differential between seniority steps found in the 
salary ranges included in the cities certified by 
the civil service commission for the same class; 

(3) for said members of the police depart- 
ment other than police officers, police patrol 
drivers and women protective officers shall in- 
clude the same percent of adjustment as that 
established by said ordinance for police officers 
in the fourth year of service; and 

(4) shall be set at the dollar amount nearest 
the fractional amount which may result from 
percentage adjustment specified in this section, 
half dollars being taken to the next higher dollar 
amount. 

The rates of compensation set forth in the 
budget estimates, the budget and the annual 
salary ordinance shall be those fixed by the 



board of supervisors as in this section provided 
and appropriations therefor shall be based thereon. 

The expression "rates of compensation," as 
used in this section in relation to said survey, is 
hereby declared to apply only to a basic amount 
of wages, with included range scales, and does 
not include such working benefits as might be 
set up by any other City by way of holidays, 
vacations, other permitted absences of any type 
whatsoever, overtime, night or split shifl:, or pay 
for specialized services within a classification or 
rank, or other premium pay differentials of any 
t5rpe whatsoever. The foregoing enumeration is 
not exclusive, but it is the intent of this section 
that nothing other than a basic amount of wages, 
with included range scales, is to be included 
within the meaning of "rates of compensation." 

Working benefits and premium pay differen- 
tial of any tj^e shall be allowed or paid to 
members of the police department referred to 
herein only as is otherwise provided in this 
charter. 

For all purposes of the retirement system, 
the expression "rates of compensation" as used in 
this section, shall mean "salary attached to the 
rank" as used in Section 166 of the charter of 
1932, as amended, and with the addition of 
fifteen dollars ($15) per month now provided in 
Subsection (b) with respect to members assigned 
to two-wheel motorcycle duty, shall also mean 
"compensation eamable" as used in Section 8.549. 

The term "police officers or patrol officers" as 
used in this section shall mean the persons 
employed in the police departments of said cities 
of 350,000 population or over or of the City and 
County of San Francisco, to perform substan- 
tially the duties being performed on the effective 
date of this section by police officers, police 
patrol drivers and women protective officers in 
the San Francisco Police Department. 

In determining years of service necessary for 
a police officer, woman protective officer and 
police patrol driver to receive the annual com- 
pensation as provided for herein, service ren- 
dered prior to the effective date of this amend- 
ment shall be given full credit and allowed. 



A8.405 



San Francisco - Charter 



360 



The absence of any police officer, woman 
protective officer or police patrol driver on mili- 
tary leave, as defined by Section 8.361 of this 
charter, shall be reckoned a part of his service 
under the City and County, for the purpose of 
computing years of service in gaining added 
compensation as provided for herein. 

On the recommendation of the chief of police, 
the commission may reward any member of the 
department for heroic or meritorious conduct. 
The form or amount of said reward to be discre- 
tionary with the commission, but not to exceed 
one month's salary in any one instance. 

If any member of the department appointed 
as an assistant inspector is a sergeant at the 
time of the appointment or is appointed a ser- 
geant thereafter, such member shall receive the 
rate of compensation attached to the rank of 
sergeant. 

(b) Not later than first day of August of each 
year the civil service commission shall survey, 
and certify to the board of supervisors, addi- 
tional rates of pay paid to members assigned to 
all two-wheel motorcycle duty in the respective 
police departments of all cities of 350,000 popu- 
lation or over in the State of California, based 
upon the latest decennial census. For the pur- 
pose of the civil service commission's survey and 
certification the additional rates for two-wheel 
motorcycle duty shall include the average addi- 
tional amount paid to members assigned to two- 
wheel motorcycle duty in the cities surveyed. 

Thereupon the board of supervisors shall 
have the power, and it shall be its duty, by 
ordinance, to fix the additional rate of pay for the 
members of the police department who are as- 
signed two-wheel motorcycle duty. The addi- 
tional rate of pay will be determined by the 
average additional wage paid to members in 
regular service in the cities included in the 
certified report of the civil service commission 
who are assigned to two-wheel motorcycle duty. 
"Average wage" as used in this paragraph shall 
mean the sum of the additional rates of pay 
certified by the civil service commission divided 
by the number of cities in said certification. Said 



additional rates shall be in lieu of said annual 
compensations and shall be effective from the 
first day of July of the current fiscal year. 

Said rate of pay shall be in addition to the 
rate of compensation provided for in Subsection 
(a). 

In no event shall the additional rate so fixed 
be less than fifteen dollars ($15) per month. 

(c) Not later than the first day of August of 
each year, the civil service commission shall 
survey and certify to the board of supervisors 
rates of compensation paid firefighters employed 
in the respective fire departments of all cities of 
350,000 population or over in the State of Cali- 
fornia, based upon the latest federal decennial 
census. For the purpose of the civil service 
commission's survey and certification the rates 
contained in said certification shall be the aver- 
age of the maximum rates paid to each fire- 
fighter classification performing the same or 
essentially the same duties as firefighters in the 
City and County of San Francisco. 

Thereupon, the board of supervisors shall 
have the power, and it shall be its duty, by 
ordinance, to fix rates of compensation for the 
members of the fire department whose annual 
compensations are set forth or otherwise pro- 
vided in Section 3.542 of this charter, and said 
rates shall be in lieu of said annual compensa- 
tions and shall be effective from the first day of 
July of the current fiscal year. 

The rates of compensation, fixed in said or- 
dinance, 

(1) for the fourth year of service and there- 
after the rate of compensation shall be fixed at a 
rate which is the average of the maximum com- 
pensation paid firefighter classifications in regu- 
lar service in the cities included in the certified 
report of the civil service commission. "Average 
wage" as used in this paragraph shall mean the 
sum of the maximum averages certified by the 
civil service commission divided by the number 
of firefighter classifications in cities in said cer- 
tification; 

(2) for the first, second and third year of 
service for firefighters shall be established in 
accordance with the general percentage differen- 



361 



Appendix A: Employment Provisions 



A8.405 



tial between seniority steps found in the salary 
ranges included in the cities certified by the civil 
service commission for the same class; 

(3) for said members of the fire department 
other than firefighters shall include the same 
percent of adjustment as that established by said 
ordinance for firefighters in the fourth year of 
service; and 

(4) shall be set at the dollar amount nearest 
the fractional amount which may result from 
percentage adjustment specified in this section, 
half dollars being taken to the next higher dollar 
amount. 

The expression "rates of compensation" as 
used in this section, in relation to said survey, is 
hereby declared to apply only to a basic amount 
of wages, with included range scales, and does 
not include such working benefits as might be 
set up by any other City by way of holidays, 
vacations, other permitted absences for any tjrpe 
whatsoever, overtime, night or split shift, or pay 
for specialized services within a classification or 
rank, or other premium pay differentials of any 
type whatsoever. The foregoing enumeration is 
not exclusive, but it is the intent of this section 
that nothing other than a basic amount of wages, 
with included range scales, is to be included 
within the meaning of "rates of compensation." 

Working benefits and premium pay differen- 
tials of any type shall be allowed or paid to 
members of the fire department referred to herein 
only as is otherwise provided in this charter. 

For all purposes of the retirement system, 
the expression "rates of compensation," as used 
in Subsections (c) and (d) of this section shall 
mean "salary attached to the rank" as used in 
Section 169 of the charter of 1932, as amended 
and "compensation earnable" as used in Section 
8.549. 

The term "firefighters" as used in this section 
shall mean the persons employed, in the fire 
departments of said cities of 350,000 population 
or over or of the City and County of San Fran- 
cisco, to perform substantially the duties being 
performed on the effective date of this section by 
drivers, stokers, tillermen, truckmen, or hose- 
men, in the San Francisco Fire Department. 



The expression "members of the fire depart- 
ment" does not include members of the fire 
commission. 

The absence of any officer or member of the 
fire department on military leave of absence, as 
defined by Section 8.361 of this charter shall be 
reckoned a part of such member's service under 
the City and County, for the purpose of comput- 
ing years of service in gaining added compensa- 
tion as provided in this charter. 

On the recommendation of the chief of depart- 
ment, the commission may reward any officer or 
member of the department for heroic or merito- 
rious conduct, the form or amount of said award 
to be discretionary with the fire commission, but 
not to exceed one month's salary in any one 
instance. 

The rates of compensation for the ranks of 
captain, bureau of fire prevention and public 
safety, and lieutenant, bureau of fire investiga- 
tion, shall be thirteen percent (13%) above the 
compensation established for the ranks of cap- 
tain and lieutenant as provided for in this sec- 
tion. The rates of compensation for the ranks of 
inspector, bureau of fire prevention and public 
safety, and investigator, bureau of fire investiga- 
tion, shall be ten percent (10%) above the com- 
pensation established for the rank of chiefs 
operator as provided for in this section. The rate 
of compensation shall be set at the dollar amount 
nearest the fractional amount which may result 
from percentage adjustment specified in this 
subsection, half dollars being taken to the next 
higher dollar amount. 

(d) The rates of compensation fixed pursu- 
ant to the provisions of Subsection (a)(1), (2) and 
(3) and the rates of compensation fixed pursuant 
to the provisions of Subsection (c)(1), (2) and (3) 
shall be the same. Such rates shall not exceed 
the highest average rate of compensation fixed 
pursuant to Subsections (a)(1), (2) and (3) and 
(c)(1), (2) and (3) above, whether it be paid to 
police officers, patrol officers or firefighters; pro- 
vided, further, that the minimum rate of compen- 
sation attached to the rank of sergeant in the 
police department shall be equal to the rate of 
compensation attached to the rank of lieutenant 
in the fire department. 



A8.405 



San Francisco - Charter 



362 



(e) Not later than the 25th day of August 
the board of supervisors shall have the power 
and it shall be its duty, subject to the fiscal 
provisions of the charter but without reference or 
amendment to the annual budget, to amend the 
annual appropriation ordinance and the annual 
salary ordinance as necessary to include the 
provisions of pajdng the rates of compensation 
fixed by the board of supervisors as in this 
section provided for uniformed members of the 
police and fire departments for the then current 
fiscal year. 

Notwithstanding any other charter provi- 
sion, the rates of compensation for police officers 
and firefighters shall be annually further in- 
creased as follows: 

(1) In the event that any City of 350,000 
population or over in the State of California as 
defined in subsections (a) and (c) of this section 
has not finalized, fixed, or reached agreement as 
to the rates of compensation prior to the 25th day 
of August, the date for further and additional 
fixing of the rates of compensation and for fur- 
ther and additional amending of the annual 
appropriation ordinance and annual salary ordi- 
nance to provide for the paying of additional 
rates of compensation to police officers and fire- 
fighters shall extend to the 30th day of June of 
the following year. 

(2) Should any City as defined in subsec- 
tions (a) and (c) of this section finalize, fix or 
reach agreement as to the rates of compensation 
after the 25th day of August but prior to the 30th 
day of June of the following year, the board of 
supervisors shall have the power, and it shall be 
its duty, subject to the fiscal provisions of the 
charter, by ordinance, within 30 calendar days of 
said finalizing, fixing, or reaching agreement, 
further to fix the rates of compensation for the 
uniformed members of the police and fire depart- 
ments and to further amend the annual appro- 
priation ordinance and the annual salary ordi- 
nance to include provisions for pajdng the rates 
of compensation as so further fixed pursuant to 
subsections (a), (b) and (c) of this section, and 
said rate of compensation shall be effective ret- 
roactive to the effective date of the agreement or 



legislation designated in subsections (a) and (c), 
but in no event prior to July 1 of the current 
fiscal year. 

(f) Not later than the first day of August of 
each year, the civil service commission shall 
determine and certify to the board of supervisors 
the percentage of increase or decrease in the cost 
of living during the 12-month period ending 
March 31st of that same year as shown by the 
Consumer Price Index, All Items San Francisco, 
and the percentage of increase or decrease in the 
cost of living during the same period as shown by 
the Consumer Price Index, All Items, in the cities 
included in the certified report of said commis- 
sion. The Consumer Price Index referred to herein 
is defined as that certain index issued by the U. 
S. Bureau of Labor Statistics and published in 
the Monthly Labor Review or a successor publi- 
cation. In the event the U. S. Bureau of Labor 
Statistics discontinues the compilation and pub- 
lication of said indexes, the board of supervisors 
shall have the power, and it shall be its duty, to 
appoint a statistical fact finding committee to 
determine the same data pursuant to the meth- 
ods theretofore used by the U. S. Bureau of Labor 
Statistics. The cost of living adjustments as 
hereinafter provided shall be based upon the 
percentage of such increases or decreases. The 
board of supervisors may, in addition to the rates 
of compensation as established herein, and at 
the same time said rates of compensation are 
established, increase said rates of compensation 
by an amount equal to the difference between 
the average cost of living increase of the cities 
included in the certified report of the civil service 
commission and the actual cost of living increase 
for San Francisco. In the event the board of 
supervisors elects not to grant such cost of living 
increase in any year in which any such increase 
might be granted, the board of supervisors shall, 
upon a written request filed with the clerk of the 
board of supervisors not later than the 10th day 
of September of said year by representatives of 
the uniformed members of the police and fire 
departments, as designated by the police and fire 
commissions, respectively, submit the question 
of said cost of living increase to the qualified 
electors of the City and County at the next 



363 



Appendix A: Employment Provisions 



A8.406 



succeeding Citywide election. In the event said 
cost of living increase is approved by a majority 
of the qualified electors voting thereon, said cost 
of living increase shall be effective as of the first 
day of the then current fiscal year. 

(g) Notwithstanding any of the provisions 
contained in this section, no uniformed member 
of the police or fire department employed before 
July 1, 1976, whose compensation is fixed pur- 
suant to the formula contained herein, shall 
suffer a salary reduction by the application of 
any new compensation schedules, and the rates 
for fiscal year 1975-76 shall continue until such 
time as the new schedules equal or exceed the 
current salary increment schedules, provided, 
however, that such time shall not be extended 
beyond June 30, 1982, and provided further that 
this prohibition against reduction of compensa- 
tion for the designated employees shall not be 
deemed to supersede the provisions of Section 
8.406 of this charter. 

(h) Notwithstanding any of the provisions 
contained in this section, no uniformed member 
of the police or fire department, whose compen- 
sation is fixed pursuant to the formula contained 
herein, shall suffer a salary reduction by the 
application of the compensation schedules pro- 
vided for herein. Provided, however, that this 
prohibition against reduction of compensation 
for the designated employees shall not be deemed 
to supersede the provisions of Section 8.406 of 
this charter. 

(i) This amendment shall become effective 
immediately upon certification of election results 
and its provisions shall pertain to fixing rates of 
pay for police officers and firefighters during 
fiscal year 1986-87. 

A8.406 SALARY DEDUCTIONS 

Whenever, in the judgment of the mayor and 
the board of supervisors, extraordinary economic 
conditions actually exist due to unemployment, 
fire, earthquake, flood or other calamity, which 
adversely affect the life, health and welfare of 
the citizens of the City and County or of any 
considerable portion thereof, the board of super- 



visors, by a three-fourths vote of all of its mem- 
bers, with the concurrence of the mayor, shall 
have power as follows, to-wit: 

(a) To officially declare that a public emer- 
gency exists, and to fix the approximate antici- 
pated time during which said emergency shall 
continue, provided that no such emergency shall 
be anticipated to continue beyond the end of the 
fiscal year during which the same is declared, 
unless such emergency be declared subsequent 
to the first day of January of said year, in which 
event the said emergency may be anticipated to 
continue until the end of the next succeeding 
fiscal year. 

(b) To provide that while said emergency as 
declared shall continue to exist there shall be 
deducted from the gross salaries and compensa- 
tions, exclusive of pension and retirement allow- 
ances, of each officer and employee of the City 
and County of San Francisco, including officers 
and employees of the board of education, not 
more than the respective amounts hereinafter 
set forth. Said deductions shall be made on the 
basis of the salary and compensation rate of said 
several officers and employees which were in 
effect during the calendar month immediately 
preceding the month during which said emer- 
gency was declared and not reduced by this 
section. 

If said salary and compensation deductions 
are not reflected in the annual budget and ap- 
propriation ordinances, as set forth in Subsec- 
tion (c) of this section, the amount of said deduc- 
tions shall be used for the purpose of meeting or 
alleviating the emergency which has been de- 
clared, or to balance any deficiency existing in 
the general funds of the City arising by reason of 
the delinquency in the payment of taxes or other 
revenue as compared with the anticipated rev- 
enues over the same period. Provided that where 
salaries or compensations are paid out of bond 
funds, utility funds, or other trust funds, which 
are not provided from the revenues of the City, 
all deductions made shall revert to the respective 
funds from which said salaries or compensations 
are paid. 



A8.406 



San Francisco - Charter 



364 



The maximum deductions from the salary or 
compensation of each officer or employee hereto- 
fore referred to shall be as follows, to-wit: 

(1) From the salaries or compensation of 
officers or employees whose gross earnings ex- 
ceed $100 per month and do not exceed $120 per 
month, three percent of the amount of the gross 
monthly earnings of each of said officers or 
employees. 

(2) From the salaries or compensations of 
officers or employees whose gross earnings ex- 
ceed the sum of $120 per month and do not 
exceed the sum of $150 per month, seven percent 
of the gross monthly earnings of each of said 
officers or employees. 

(3) From the salaries or compensations of 
officers or employees whose gross earnings ex- 
ceed the sum of $150 per month, and do not 
exceed the sum of $185 per month, 10 percent of 
the gross monthly earnings of each of said offi- 
cers or employees. 

(4) From the salaries or compensations of 
all officers or employees whose gross earnings 
exceed the sum of $185 per month, and do not 
exceed the sum of $275 per month, I2V2 percent 
of the gross monthly earnings of each of said 
officers or employees. 

(5) From the salaries or compensations of 
all officers or employees whose gross earnings 
exceed the sum of $275 per month, and do not 
exceed the sum of $600 per month, 15 percent of 
the gross monthly earnings of said officers or 
employees. 

(6) From the salaries or compensations of 
all officers or employees whose gross earnings 
exceed the sum of $600 per month, and do not 
exceed the sum of $834 per month, 18 percent of 
the gross monthly earnings of each of said offi- 
cers or employees. 

(7) From the salaries or compensations of 
all officers or employees whose gross earnings 
exceed the sum of $834 per month, 20 percent of 
the gross monthly earnings of each of said offi- 
cers or employees. 

(8) Provided, however, that no more than 
5-1/2 percent of the gross monthly earnings of 
per diem employees whose compensations are 



fixed on the basis of a five-day week shall be 
deducted from the salaries or earnings of any 
such employee. 

Said deductions shall be made from said 
earnings or compensations in monthly or semi- 
monthly installments according to the time at 
which said salaries or compensations are paid; 
provided that where the earnings of any officer 
or employee are on an hourly or per diem basis 
deductions based on his total earnings for the 
month shall be deducted from the installment of 
said earnings paid for the last half of the month. 

(c) Should any such emergency declared as 
herein provided be anticipated to continue into 
the next fiscal year following the one during 
which said emergency has been declared, the 
controller and the mayor in preparing or submit- 
ting their respective annual budget estimates 
shall base and estimate the net salaries and 
compensations to be paid at amounts not to 
exceed the said salaries and compensations as 
reduced by the above-mentioned percentages on 
the above-mentioned salary and compensation 
rates, and the annual appropriation and salary 
ordinance shall fix said net salaries and compen- 
sation accordingly. When any emergency is de- 
clared after the annual budget is prepared or 
adopted, or after the annual appropriation or 
salary ordinances are enacted, and before the 
annual tax rate is fixed as provided by law, said 
budget and said appropriation and salary ordi- 
nances may be revised or reenacted, so that the 
deductions herein authorized to be made may be 
reflected in the amount of the tax levy. 

(d) All of such deductions, whether made 
after the passing of the annual budget appropria- 
tion and salary ordinance or included therein, 
shall be deemed as temporary deductions from 
the salaries and compensations of said officers 
and employees, and shall be continued only 
during the anticipated period for which said 
emergency has been declared. 

(e) In making the deductions herein pro- 
vided for, the value of board, room and laundry 
or other maintenance furnished by the City and 
County to any officer or employee, when the 
same is made a part of his compensation by the 



365 



Appendix A: Employment Provisions 



A8.409 



civil service commission, shall be added to the 
monetary salary or compensation paid to said 
employee, and the amount of deductions from 
said salary or compensation shall be based on 
said monetary salary plus the value of said 
board, room and laundry or other maintenance, 
provided that no deduction shall be made for 
quarters furnished to any officer or member of 
the fire department. 

(f) During the period that any emergency 
shall exist after being so determined as herein- 
before provided, the controller, with the approval 
of the mayor and the board of supervisors, may 
reallocate any unencumbered balance, or any 
part thereof, to the credit of any department or 
office exclusive of monies or appropriations made 
or required to be made to any bond, bond inter- 
est, bond redemption, pension, utility, or trust 
fund, so that the same shall be available to meet 
the necessities of said emergency, irrespective as 
to whether the amount allocated to said depart- 
ment or office is fixed by this charter or is the 
result of a tax provided by said charter to be 
levied for said department. Should the period 
during which said emergency is anticipated to 
exist extend beyond the end of the fiscal year in 
which the same was declared to exist, the mayor, 
with the approval of the board of supervisors, 
may reduce the amount of any mandatory appro- 
priation provided to be allocated to any office or 
department; or may reduce the amount of any 
tax provided by the charter to be levied for the 
support or maintenance of any department or 
office. Provided that no such deduction in appro- 
priation, provided by this charter to be made to 
any department, or in the reallocation of funds, 
or reduction in the amount of said tax otherwise 
provided to be levied to produce funds for any 
department, shall be greater than is necessary to 
reflect the deductions in salaries provided in the 
section to be made by reason of said emergency. 

The provisions of this section shall have 
precedence over conflicting provisions of this 
charter, but nothing herein contained shall ad- 
versely affect the rights of the officers and em- 
ployees as set forth in Section 8.400 (h) of the 
charter, during the period when no public emer- 
gency exists. Contributions by the City and County 



and by members of the San Francisco City and 
County Employees' Retirement System to, and 
benefits, pension payments and allowances un- 
der said retirement system, shall be calculated 
on the basis of gross salaries and compensations 
of such members in the same manner and amounts 
as if no deductions fi'om said gross salaries and 
compensations were made under this section. 

Should any emergency be declared pursuant 
to the provisions of this section, which, in the 
judgment of the board of supervisors, will neces- 
sitate deductions from the salaries of the officers 
and employees of the City and County, over and 
above the amounts herein provided for, the board 
of supervisors by unanimous vote of all of its 
members, and with the approval of the mayor 
may authorize a further deduction from the 
salaries and compensations of any of said officers 
and employees by increasing the maximum de- 
ductions in this section provided for, up to and 
including an amount not to exceed 25 percent of 
said respective salaries or compensations as the 
same existed before any deduction by authority 
of this section. 

A8.409 DECLARATION OF POLICY 

It is hereby declared to be the policy of the 
City and County of San Francisco that strikes by 
City employees are not in the public interest and 
that, in accordance with Government Code Sec- 
tion 3507(e), a method should be adopted for 
peacefully and equitably resolving disputes. It is 
the farther purpose and policy of the City and 
County of San Francisco that the procedures 
herein adopted, except as otherwise provided 
herein, shall supersede and displace all other 
formulae, procedures and provisions relating to 
wages, hours, benefits and other terms and con- 
ditions of emplojnnent found in this charter, in 
the ordinances and resolutions of the City and 
County of San Francisco, or in the rules, regula- 
tions or actions of boards or commissions of the 
City and County of San Francisco. 

If any officer or employee covered by this part 
engages in a strike as defined by section A8.346(a) 
of this charter against the City and County of 



Supp. No. 4, Januaiy 2007 



A8.409 



San Francisco - Charter 



366 



San Francisco, said employee shall be dismissed 
from his or her emplo3mient pursuant to charter 
section A8.346. 

In accordance with applicable state law, noth- 
ing herein shall be construed to restrict any legal 
City rights concerning direction of its work force, 
or consideration of the merits, necessity, or orga- 
nization of any service or activity provided by the 
City. The City shall also have the right to deter- 
mine the mission of its constituent departments, 
officers, boards £ind commissions; set standards 
of services to be offered to the public; and exer- 
cise control and discretion over the City's orga- 
nization and operations. The City may also re- 
lieve City employees from duty due to lack of 
work or funds, and may determine the methods, 
means and personnel by which the City's opera- 
tions are to be conducted. 

However, the exercise of such rights does not 
preclude employees from utilizing the grievance 
procedure to process grievances regarding the 
practical consequences of any such actions on 
wages, hours, benefits or other terms and condi- 
tions of employment whenever memoranda of 
understanding providing a grievance procedure 
are in full force and effect. 

It is the declared intent of the voters that the 
state statutes referenced in this part be those in 
effect on the effective date of this part. (Amended 
March 2004) 

A8.409-1 EMPLOYEES COVERED 

These Sections A8.409 through A8.409-6, in- 
clusive, shall apply to all miscellaneous officers 
and employees except as set forth in Section 
A8. 590-1 et seq. and including employees of San 
Francisco Unified School District and San Fran- 
cisco Community College District to the extent 
authorized by state law. The provisions of char- 
ter sections 8.400(h), 8.401-1, and 8.407 are 
hereby repealed and shall be of no further force 
and effect. Employee organizations representing 
employees in classifications covered by section 
A8.403 and A8.404 of this Charter may elect to 
include those classifications within the coverage 
of this part as a separate bargaining unit, pro- 
vided however, that the election shall not become 



effective without the written approval of the 
Mayor and Board of Supervisors. The election 
shall be irrevocable and such employees shall 
not thereafter be subject to the provisions of 
section A8.403 and A8.404. 

Employees in classifications not represented 
by a recognized employee organization shall be 
entitled to represent themselves with the city 
and county over wages, hours and other terms 
and conditions of employment to the extent re- 
quired by state law and shall not be subject to 
the arbitration provisions of Section A8.409-4 of 
this charter. The Mayor annually shall propose 
all forms of compensation for unrepresented em- 
ployees including salaries, hours, benefits, and 
other terms and conditions of emplo5rment sub- 
ject to approval or disapproval of the board of 
supervisors. Consistent with other provisions of 
this charter, the civil service commission may 
adopt rules and procedures relating to said un- 
represented employees. 

Except as otherwise provided by this charter 
the Civil Service Commission shall set the wages 
and benefits of all elected officials of the City and 
County of San Francisco as follows: The Commis- 
sion shall conduct a salary survey of the offices of 
chief executive officer, county counsel, district 
attorney, public defender, assessor-recorder, trea- 
surer, and sheriff", in the counties of Alameda, 
Contra Costa, Marin, San Mateo, and Santa 
Clara. The Commission shall then average the 
salaries for each of those offices to determine 
respectively the base five-year salaries for the 
Mayor, City Attorney, District Attorney, Public 
Defender, Assessor-Recorder, Treasurer, and Sher- 
iff. 

If any of the aforementioned counties do not 
have an office of public defender, that county 
shall be omitted from the salary survey for 
purposes of determining the base five-year sal- 
ary of the Public Defender. Among the aforemen- 
tioned counties, any fi-eestanding county assessor's 
office or any county office in which the assessor's 
function is combined with other county func- 
tions, shall be deemed comparable to the office of 
Assessor-Recorder for purposes of determining 
the base five-year salary of the Assessor-Re- 



Supp. No. 4, January 2007 



366.1 



Appendix A: Employment Provisions 



A8.409-1 



corder. If any of the aforementioned counties do 
not have a comparable county office of treasurer, 
the county office whose functions most closely 
resemble the Treasurer's functions in San Fran- 
cisco shall be deemed comparable to the office of 
Treasurer for purposes of determining the base 
five-year salary of the Treasurer. 

The initial base five-year salary determina- 
tion for the respective salaries of the Mayor, City 
Attorney, District Attorney, Public Defender, As- 
sessor-Recorder, Treasurer, and Sheriff shall ap- 
ply to the period from July 1, 2007 through June 
30, 2012. Subsequent base five-year salary de- 
terminations for those offices shall apply to sub- 
sequent five-year periods, for example, July 1, 
2012 through June 30, 2017. 

For the second, third, fourth, and fifth years 
of the period for which any base five-year salary 
has been set, the Commission shall annually 
adjust the respective salaries of the Mayor, City 
Attorney, District Attorney, Public Defender, As- 
sessor-Recorder, Treasurer, and Sheriff, to ac- 
count for upward annual movement in the Con- 
sumer Price Index during the prior calendar 
year; provided, that whenever the upward move- 
ment in the Consumer Price Index during the 
prior calendar year exceeds 5%, the cost-of-living 
adjustment shall not be the actual increase in 
the Consumer Price Index for the prior calendar 
year but instead shall be 5%. The annual cost- 
of-living adjustment shall take effect July 1 of 
the second, third, fourth, and fifth years of the 
period for which the base five-year salary has 
been set. 

Except as noted below, in setting the initial 
and subsequent base five-year salary determina- 
tions for the offices of Mayor, City Attorney, 
District Attorney, Public Defender, Assessor- 
Recorder, Treasurer, and Sheriff, the Commis- 
sion may not reduce the respective salaries of 
any of those offices. If implementation of the 
process for setting the base five-year salary would 
otherwise result in a salary reduction for any of 
those offices, the base five-year salary for the 
affected office or offices shall be the existing 
salary for the office. 



If the City and County of San Francisco and 
employee organizations agree to amend the com- 
pensation provisions of existing memoranda of 
understanding to reduce costs, the Commission 
shall review and amend the respective salaries of 
the Mayor, City Attorney, District Attorney, Pub- 
lic Defender, Assessor-Recorder, Treasurer, and 
Sheriff as necessary to achieve comparable cost 
savings in the affected fiscal year or years. 

The Commission shall annually set the ben- 
efits of elected officials, to take effect July 1 of 
each year. Benefits of elected officials may equal 
but may not exceed those benefits provided to 
any classification of miscellaneous officers and 
employees as of July 1 of each year. 

In addition, subject to the approval or disap- 
proval of the Board of Supervisors, the Mayor 
may create, for employees designated as man- 
agement, a management compensation package 
that recognizes and provides incentives for out- 
standing managerial performance contributing 
to increased productivity and efficiency in the 
work force. In formulating such a package, the 
Mayor shall take into account data developed in 
conjunction with the civil service commission 
regarding the terms of executive compensation 
in other public and private jurisdictions. (Amended 
March 2004; Amended by Proposition C, Ap- 
proved 11/7/2006) 



Supp. No. 4, January 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 4, January 2007 



367 



Appendix A: Employment Provisions 



A8.409-3 



A8.409-2 INTERIM PROVISIONS 

Notwithstanding the provisions of section 
8.407 of this charter, from January 3, 1992 
through March 31, 1992, in return for acceptance 
of a wage freeze for fiscal year 1991-1992, all 
recognized employee organizations representing 
classifications electing to remain within the cov- 
erage of charter sections 8.401 and 8.407 may, on 
a one time only basis, elect to bargain for no 
more than two additional paid training or fur- 
lough days per year to be effective only in fiscal 
years 1992-93, 1993-94 and 1994-95, and a den- 
tal plan, in recognition of the wage freeze for 
1991-92. Such bargaining shall not be subject to 
the impasse procedures provided herein or any 
other provision of the charter, ordinance, or state 
law. 

A8.409-3 OBLIGATION TO BARGAIN IN 
GOOD FAITH 

Notwithstanding any other ordinances, rules 
or regulations of the City and County of San 
Francisco and its departments, boards and com- 
missions, the City and County of San Francisco, 
through its duly authorized representatives, and 
recognized employee organizations representing 
classifications of employees covered by this part 
shall have the mutual obligation to bargain in 
good faith on all matters within the scope of 
representation as defined by Government code 
section 3504, relating to the wages, hours, ben- 
efits and other terms and conditions of City and 
County emplojnnent, including the establish- 
ment of procedures for the resolution of griev- 
ances concerning the interpretation or applica- 
tion of any agreement, and including agreements 
to provide binding arbitration of discipline and 
discharge; provided, however that, except inso- 
far as they affect compensation, those matters 
within the jurisdiction of the civil service com- 
mission which establish, implement and regu- 
late the civil service merit system shall not be 
subject to bargaining under this part: the author- 
ity, purpose, definitions, administration and or- 
ganization of the merit system and the civil 
service commission; policies, procedures and fund- 
ing of the operations of the civil service commis- 
sion and its staff; the establishment and main- 



tenance of a classification plan including the 
classification and reclassification of positions and 
the allocation and reallocation of positions to the 
various classifications; status rights; the estab- 
lishment of standards, procedures and qualifica- 
tions for employment, recruitment, application, 
examination, selection, certification and appoint- 
ment; the establishment, administration and du- 
ration of eligible lists; probationary status and 
the administration of probationary periods, ex- 
cept duration; pre-employment and fitness for 
duty medical examinations except for the condi- 
tions under which referrals for fitness for duty 
examinations will be made, and the imposition of 
new requirements; the designation of positions 
as exempt, temporary, limited tenure, part-time, 
seasonal or permanent; resignation with satis- 
factory service and reappointment; exempt entry 
level appointment of the handicapped; approval 
of payrolls; and conflict of interest. As to these 
matters, the Civil Service Commission shall con- 
tinue to be required to meet and confer pursuant 
to state law. 

Unless and until agreement is reached through 
bargaining between authorized representatives 
of the City and County of San Francisco and 
authorized representatives of recognized em- 
ployee organizations for the employee classifica- 
tions covered by this part, or a determination is 
made through the procedure set forth in section 
A8.409-4 hereinafter provided, no existing wages, 
written terms or conditions of employment, fringe 
benefits, or long-standing past practices for said 
employees shall be altered, eliminated or changed 
except in cases of emergency. This paragraph 
shall be effective only until the approval of the 
first memorandum of understanding with a cov- 
ered employee organization or six months from 
the effective date of this part whichever occurs 
sooner. 

During the term of an MOU, disputes regard- 
ing changes in wages, hours, benefits and other 
terms and conditions of employment shall not be 
subject to the impasse procedures provided in 
this part, but may be subject to grievance arbi- 
tration. 

No bargaining unit may be included in more 
than one memorandum of understanding with 



A8.409-3 



San Francisco - Charter 



368 



the City and County of San Francisco. Consis- 
tent with charter sections 3.100-2 and 3.103 and 
subject to the prior written approval of the 
Human Resources Director which shall not be 
unreasonably withheld, appointing officers shall 
have the authority to negotiate agreements with 
recognized employee representatives. Appoint- 
ing officers shall consult and coordinate such 
negotiations with the Human Resources Direc- 
tor. Such memoranda of understanding shall be 
restricted to non-economic items within the ju- 
risdiction of the department appointing officer 
which do not conflict with a City-wide memoran- 
dima of understanding. Such memoranda of un- 
derstanding shall come into full force and effect 
only upon approval by the mayor and thereafter 
by a majority vote of the board of supervisors or 
other appropriate governing body. Upon such 
approval, departmental memoranda of under- 
standing shall be attached as appendices to the 
employee organization's City-wide memoran- 
dum of understanding as negotiated under this 
part. No memorandum of understanding negoti- 
ated pursuant to this paragraph during the term 
of a City-wide memorandum of understanding 
shall be subject to the arbitration provisions of 
this part until re-negotiation of the employee 
organization's City-wide memorandum of under- 
standing. 

Agreements reached pursuant to this part by 
the authorized representatives for the City and 
County of San Francisco, on behalf of its depart- 
ments, boards and commissions, and the autho- 
rized representatives of recognized employee or- 
ganizations, once adopted by ordinance of the 
board of supervisors, shall be binding on the City 
and County of San Francisco, and on its depart- 
ments, boards, commissions, officers and employ- 
ees and on the recognized employee organiza- 
tions and their successors, and all employees in 
classifications they represent. Except as specifi- 
cally set forth in this part, said agreements shall 
supersede any and all other conflicting proce- 
dures, provisions and formulae contained in this 
charter, in the ordinances of the board of super- 
visors, or in the rules or regulations of the City 
and County of San Francisco, relating to wages. 



hours, or other terms and conditions of employ- 
ment. (Amended March 2004) 

A8.409-4 IMPASSE RESOLUTION 
PROCEDURES 

(a) Subject to Section A8.409-4(g), disputes 
pertaining to wages, hours, benefits or other 
terms and conditions of employment which re- 
main unresolved after good faith bargaining be- 
tween the City and County of San Francisco, on 
behalf of its departments, boards and commis- 
sions, and a recognized employee organization 
representing classifications of employees covered 
under this part shall be submitted to a three- 
member mediation/arbitration board ("the board") 
upon the declaration of Ein impasse either by the 
authorized representative of the City and County 
of San Francisco or by the authorized represen- 
tative of the recognized employee organization 
involved in the dispute; provided, however, that 
the arbitration procedures set forth in this part 
shall not be available to any employee organiza- 
tion that engages in a strike unless the parties 
mutually agree to engage in arbitration under 
this section. Should any employee organization 
engage in a strike either during or after the 
completion of negotiations and impasse proce- 
dures, the arbitration procedure shall cease im- 
mediately and no further impasse resolution 
procedures shall be required. 

(b) Not later than January 20 of any year in 
which bargaining on an MOU takes place, rep- 
resentatives designated by the City and County 
of San Francisco and representatives of the rec- 
ognized employee organization involved in bar- 
gaining pursuant to this part shall each select 
and appoint one person to the board. The third 
member of the board shall be selected by agree- 
ment between the City and County of San Fran- 
cisco and the recognized employee organization, 
and shall serve as the neutral chairperson of the 
board. 

In the event that the City and County of San 
Francisco and the recognized employee organi- 
zation involved in bargaining cannot agree upon 
the selection of the chairperson within ten (10) 
days after the selection of the City and County 
and employee organization members of the board. 



369 



Appendix A: Employment Provisions 



A8.409-4 




either party may then request the American 
Arbitration Association or CaHfornia State Me- 
diation Service to provide a Ust of the seven (7) 
persons who are quahfied and experienced as 
labor interest arbitrators. If the City and County 
and the employee organization cannot agree within 
three (3) days after receipt of such list on one of 
the seven (7) persons to act as the chairperson, 
they shall randomly determine which party strikes 
first, and shall alternately strike names from the 
list of nominees until one name remains and that 
person shall then become the chairperson of the 
board. 

(c) Any proceeding convened pursuant to 
this section shall be conducted in conformance 
with, subject to, and governed by Title 9 of Part 
3 of the California Code of Civil Procedure. The 
board may hold public hearings, receive evidence 
from the parties and, at the request of either 
party, cause a transcript of the proceedings to be 
prepared. The board, in the exercise of its discre- 
tion, may meet privately with the parties to 
mediate or mediate/arbitrate the dispute. The 
board may also adopt other procedures designed 
to encourage an agreement between the parties, 
expedite the arbitration hearing process, or re- 
duce the cost of the arbitration process. 

(d) In the event no agreement is reached 
prior to the conclusion of the arbitration hear- 
ings, the board shall direct each of the parties to 
submit, within such time limit as the board may 
establish, a last offer of settlement on each of the 
remaining issues in dispute. The board shall 
decide each issue by majority vote by selecting 
whichever last offer of settlement on that issue it 
finds by a preponderance of the evidence pre- 
sented during the arbitration most nearly con- 
forms to those factors traditionally taken into 
consideration in the determination of wages, 
hours, benefits and terms and conditions of pub- 
lic and private emplojnnent, including, but not 
limited to: changes in the average consumer 
price index for goods and services; the wages, 
hours, benefits and terms and conditions of em- 
ployment of employees performing similar ser- 
vices; the wages, hours, benefits and terms and 
conditions of employment of other employees in 
the City and County of San Francisco; health 



and safety of employees; the financial resources 
of the City and County of San Francisco, includ- 
ing a joint report to be issued annually on the 
City's financial condition for the next three fiscal 
years from the Controller, the Mayor's budget 
analyst and the budget analyst for the board of 
supervisors; other demands on the City and 
County's resources including limitations on the 
amount and use of revenues and expenditures; 
revenue projections; the power to levy taxes and 
raise revenue by enhancements or other means; 
budgetary reserves; and the City's ability to 
meet the costs of the decision of the arbitration 
board. In addition, the board shall issue written 
findings on each and every one of the above 
factors as they may be applicable to each and 
every issue determined in the award. Compli- 
ance with the above provisions shall be manda- 
tory. 

(e) To be effective the beginning of the next 
succeeding fiscal year, an agreement shall be 
reached or the board shall reach a final decision 
no later than sixty days before the date the 
Mayor is required to submit a budget to the 
board of supervisors, except by mutual agree- 
ment of the parties. After reaching a decision, 
the board shall serve by certified mail or by hand 
delivery a true copy of its decision to the parties. 
The decision and findings of the arbitration 
board shall not be publicly disclosed until ten 
(10) days after it is delivered to the parties. 
During that ten (10) day period the parties shall 
meet privately, attempt to resolve their differ- 
ences, and by mutual agreement amend or modify 
the decision and findings of the arbitration board. 
At the conclusion of the ten (10) day period, 
which may be extended by mutual agreement 
between the parties, the decision and findings of 
the arbitration board, as it may be modified or 
amended by the parties, shall be publically dis- 
closed for a period of fourteen (14) days after 
which time the decision shall be final and bind- 
ing. Except as otherwise provided by this part, 
the arbitration decision shall supersede any and 
all other relevant formulae, procedures and pro- 
visions of this charter relating to wages, hours, 
benefits and terms and conditions of employ- 
ment, and it shall be final and binding on the 



A8.409-4 



San Francisco - Charter 



370 



parties to the dispute. However, the decision of 
the board may be judicially challenged by either 
party. 

Thereafter, the City and County of San Fran- 
cisco, its designated officers, employees and rep- 
resentatives and the recognized employee orga- 
nization involved in the dispute shall take 
whatever action necessary to carry out and effec- 
tuate the final decision. 

(f) The expenses of any proceedings con- 
vened pursuant to this part, including the fee for 
the services of the chairperson of the board, the 
costs of preparation of the transcript of the 
proceedings and other costs related to the con- 
duct of the proceedings, as determined by the 
board, shall be borne equally by the parties. All 
other expenses which the parties may incur are 
to be borne by the party incurring such expenses. 

(g) The impasse resolution procedures set 
forth in Section A8.409-4, or in any other provi- 
sion of the charter, ordinance or state law shall 
not apply to any rule, policy, procedure, order or 
practice which relates or pertains to the purpose, 
goals or requirements of a consent decree, or 
which is necessary to ensure compliance with 
federal, state or local laws, ordinances or regu- 
lations. In the event the City acts on a matter it 
has determined relates to or pertains to a con- 
sent decree, or in the event the City acts to 
ensure compliance with federal, state, or local 
laws, ordinances or regulations, and the affected 
employee organization disputes said determina- 
tion, that determination or action shall not be 
subject to arbitration, but may be challenged in a 
court of competent jurisdiction. 

(h) The impasse resolution procedures set 
forth in section A8. 409-4, or in any other section 
of the charter, shall not apply to any proposal 
pertaining to the right to strike. 

(i) Charter sections A8.590-1 through 
A8.590-7 shall remain in full force and effect; 
provided, however, that the wages and other 
economic benefits and compensation of all clas- 
sifications of employees covered by these sec- 
tions shall be frozen for fiscal year 1995-96 at the 
rates in effect on June 30, 1995, except that 
wages and other economic benefits and compen- 



sation of all classifications of Airport Police shall 
be frozen for the fiscal year following expiration 
of the Memorandum of Understanding covering 
those classifications in effect on the effective 
date of this amendment. 

(j) Subject to the election provisions of sec- 
tion A8.409-1, Charter sections A8.403 and A8.404 
shall remain in full force and effect; provided, 
however, that the wages and other economic 
benefits and compensation of all classifications 
of employees covered by section A8.404 shall be 
frozen for fiscal year 1995- 96 at the rates in 
effect on June 30, 1995. (Amended March 2004) 

A8.409-5 RETIREMENT BENEFITS 

Notwithstanding any other provision of this 
part, retirement and death allowances shall con- 
tinue to be set and adjusted pursuant to Chapter 
Five of this Article. 

However, death benefits and survivor allow- 
ances, retirement allowances, adjustments to 
retirement allowances and adjustments to con- 
tinuant allowances payable by the retirement 
system and based on fiscal year 1991-1992 wages 
and salaries covered by charter section 8.407, 
shall be calculated for all employees covered by 
charter sections 8.401 and 8.407 based on the 
rates certified by the civil service commission to 
the board of supervisors as though the 1991- 
1992 salary standardization ordinance vetoed by 
the mayor had become law. No such payment 
shall exceed the maximum amount permitted by 
Section 415 of the Internal Revenue Code of 
1986, as amended from time to time, or the 
maximum amount which would still permit the 
retirement system to preserve its tax-qualified 
status under Section 401 of the Internal Revenue 
Code of 1986, as amended from time to time. 

A8.409-6 EMPLOYEE RELATIONS 
RULES 

Within sixty (60) days of adoption of this 
amendment, the Mayor shall appoint a panel 
which after consultation with all parties of inter- 
est, shall review the current employee relations 
ordinance and make recommendations to the 
Board of Supervisors for such changes as may be 
necessary to effectuate the purposes of this part. 



371 



Appendix A: Employment Provisions 



A8.421 



Such changes shall include the creation of an 
employee relations board. The duties of the em- 
ployee relations board shall include hearing and 
making determinations concerning unfair labor 
practice charges, disputes regarding representa- 
tion matters, and unit determinations. 

A8.410 REIMBURSEMENT OF 
EXPENSES 

Except in the discharge of routine duties, 
traveling and pajnnent of expenses therefor shall 
be authorized only by ordinance; provided, that 
allowances therefor shall not exceed cost of trans- 
portation, including Pullman charges, if any, and 
a reasonable amount per diem for necessary 
expenses, which per diem shall be fixed annually 
by ordinance and shall be applicable to all offi- 
cers and employees. 

A8.411 PAYMENT FOR REPAIR OR 
REPLACEMENT OF EQUIPMENT 

Notwithstanding the provisions of Sections 
8.400(a) and (c) through (g), 8.401, 8.402, 8.403, 
8.405(a) and 8.405(c), or any other provision of 
this charter, the board of supervisors may pro- 
vide by ordinance for the pajnnent of the costs of 
replacing or repairing equipment, property, or 
prostheses of any uniformed officer or employee 
of the police department, fire department, sheriffs 
office or municipal railway, such as, but not 
confined to eyeglasses, hearing aids, dentures, 
watches, or articles of clothing necessarily worn 
or carried by such employee when any such 
items are damaged in the line of duty without 
fault of the employee. If the items are damaged 
beyond repair, the actual value of such items 
may be paid. The value of such items shall be 
determined as of the time of the damage thereto. 

The board by a three-fourths vote of all of its 
members may make similar provision in relation 
to any other officer or employee where it finds 
that the damage or loss was occasioned by un- 
usual circumstances or the occurrence of an 
extraordinary event. 

The board is authorized to enact any and all 
ordinances necessary to carry out the provisions 
of this section. 



A8.420 ESTABLISHMENT OF AND 
MEMBERSHIP IN HEALTH SERVICE 
SYSTEM 

A health service system is hereby estab- 
lished. Said system shall be administered by the 
human resources department subject to the ap- 
proval of the health service board. The members 
of the system shall consist of all permanent 
employees, which shall include officers of the 
City and Cotmty, of the San Francisco Unified 
School District, and of the Parking Authority of 
the City and County of San Francisco and such 
other employees as may be determined by ordi- 
nance, subject to such conditions and qualifica- 
tions as the board of supervisors may impose, 
and such employees as may be determined by 
collective bargaining agreement. Any employee 
who adheres to the faith or teachings of any 
recognized religious sect, denomination or orga- 
nization and, in accordance with its creed, tenets 
or principles, depends for healing upon prayers 
in the practice of religion shall be exempt from 
the system upon filing annually with the human 
resources department an affidavit stating such 
adherence and dependence and disclaiming any 
benefits under the system. The human resources 
department shall have the power to exempt any 
person whose compensation exceeds the amount 
deemed sufficient for self coverage and any per- 
son who otherwise has provided for adequate 
medical care. Any claim or request for exemption 
denied by the human resources department may 
be appealed to the health services board. 

A8.421 ADOPTION OF PLANS FOR 
RESIDENTS. 

Subject to the requirements of state law and 
the budgetary and fiscal provisions of the Char- 
ter, the Health Service Board is authorized by a 
two-thirds vote of the entire membership of the 
Health Service Board to adopt a plan or plans or 
make other provision for health or dental ben- 
efits for residents of the City and County of San 
Francisco. Such plan or plans shall not become 
effective until approved by an ordinance of the 
Board of Supervisors adopted by three-fourths of 
its members. Residents shall not by virtue of 
enrolling in such plan or plans become members 



Supp. No. 1, September 2006 



A8.421 



San Francisco - Charter 



372 



of the Health Service System. The Health Ser- 
vice System Fund shall not be used to provide 
any benefits under this section. The Health Ser- 
vice Board shall adopt rules and regulations to 
administer this section. 

The determinations made under this section, 
including but not limited to whether to adopt a 
plan or plans, what benefits to offer, determina- 
tion of eligibility, and the fixing and allocation of 
the cost of any plan or plans, are within the sole 
discretion of the City and County and its offi- 
cials. (Amended November 2004) 

A8.422 ADOPTION OF PLANS FOR 
MEMBERS 

The board shall have power and it shall be its 
duty by a two-thirds vote of the entire member- 
ship of the health service board to adopt a plan or 
plans for rendering medical care to members of 
the system, or for the indemnification of the cost 
of said care, or for obtaining and carrjdng insur- 
ance against such costs or for such care. 

Such plan or plans as may be adopted, shall 
not become effective until approved by ordinance 
of the board of supervisors, adopted by three- 
fourths of its members. 

The board of supervisors shall secure an 
actuarial report of the costs and effect of any 
proposed change in the benefits of the health 
service system or rates of contribution before 
enacting an ordinance or before voting to submit 
any proposed charter amendment providing for 
such change. (Amended November 2004) 

A8.423 REVISION OF SCHEDULES AND 
COMPENSATION 

In January of each year, at a public hearing, 
the health service board shall review and deter- 
mine the adequacy of medical care provided for 
members of the system and the adequacy of fee 
schedules and the compensation paid for all 
services rendered and it may make such revi- 
sions therein as it deems equitable but such 
revisions shall not become effective until ap- 
proved by ordinance of the board of supervisors 
adopted by three-fourths of its members. 



Commencing in 1973, the health service board 
shall, prior to the second Monday in January in 
each year, conduct a survey of the 10 counties in 
the State of California, other than the City and 
County of San Francisco, having the largest 
populations to determine the average contribu- 
tion made by each such county toward the pro- 
viding of health care plans, exclusive of dental 
care, for each employee of such county. The 
Health Service Board may promulgate rules and 
regulations for the survey to allow for unavoid- 
able gaps in survey data and to insure a consis- 
tent methodology from year to year. In accor- 
dance with said survey, the health service board 
shall determine the average contribution made 
with respect to each employee by said 10 coun- 
ties toward the health care plans provided for 
their employees and on or before the second 
Monday in January of each year, the health 
service board shall certify to the board of super- 
visors the amount of such average contribution. 
For the purposes of Section A8.428, the amount 
of such average contribution shall be "the aver- 
age contribution." 

The health service board shall have the re- 
sponsibility to obtain and disseminate informa- 
tion to its members with regard to plan benefits 
and costs thereof. All expenses in connection 
with obtaining and disseminating said informa- 
tion and the investment of such fund or funds as 
may be established, including travel and trans- 
portation costs, shall be borne by the system 
from reserves in the health service fund but only 
upon adoption of a resolution by the health 
service board approving such expenses. (Amended 
November 2004) 

A8.424 SPECIFICITY REQUIRED 

Each plan for medical care shall make de- 
tailed and specific provision for the benefits to be 
provided thereunder and for the rates of contri- 
bution required to support the plan. 

A8.425 PERSONS COVERED 

Each plan may make provision for the par- 
ticipation in the benefits of the system by the 
dependents of members, retired City and County 
employees, temporary City and County employ- 



Supp. No. 1, September 2006 



373 



Appendix A: Employment Provisions 



A8.427 



ees, such other dependents of deceased and re- 
tired City and County employees as the board of 
supervisors may authorize by ordinance, teach- 
ers and other employees of the San Francisco 
Unified School District retired under the San 
Francisco City and County Employees' Retire- 
ment System and resigned employees of the City 
and County and resigned teachers and employ- 
ees of the school district whose resignations 
occur after June 15, 1955, and within 30 days 
immediately prior to the date on which, but for 
their resignations, they would have become re- 
tired members of the said retirement system, on 
whose relinquishment of retirement allowances 
as permitted by the charter occurs after such 
date and resigned employees of the San Fran- 
cisco Unified School District not otherwise in- 
cluded. A resigned employee or teacher is one 
whose employment has terminated other than 
by retirement, discharge or death or who has 
relinquished retirement allowances. The pur- 
pose of empowering the health service board to 
make provision for the participation in the ben- 
efits of the system to the aforementioned re- 
signed teachers and employees of the San Fran- 
cisco Unified School District is to enable them, 
subject to the health service board's exercise of 
its power, to participate in the benefits of the 
system after transferring to the State Teachers' 
Retirement System from the San Francisco City 
and County Employees' Retirement System. The 
purpose of empowering the health service board 
to make provision for participation in the ben- 
efits of the system by the aforementioned re- 
signed employees of the City and County and 
other resigned employees of San Francisco Uni- 
fied School District is to permit the health ser- 
vice board to have power to treat them the same 
as it treats resigned teachers and employees of 
the San Francisco Unified School District. 

As used in this section, and for the purpose of 
this section, the terms "city and County employ- 
ees" and "employees of the City and County" 
shall include officers and employees of the Park- 
ing Authority of the City and County of San 
Francisco. 

In addition to "the average contributions" in 
Subsection (b) of Section A8.428, the board of 



supervisors may provide by ordinance for addi- 
tional funds from the City and County to pay the 
full cost of any plan for medical benefits adopted 
under Sections A8.422 or A8.423 for current 
members of the board of supervisors. The board 
of supervisors may also provide by ordinance for 
the continuation in any plan by former supervi- 
sors who agree to and do pay the full cost of such 
benefit. (Amended March 2000) 

A8.426 RIGHT OF SELECTION 

No member of the health service system shall 
be required to accept the services or medical 
supplies of any physician (physician includes 
physicians and surgeons, optometrists, dentists, 
chiropodists and osteopathic and chiropractic 
practitioners licensed by California State Law 
and within the scope of their practice as defined 
by California State Law), person licensed to treat 
human diseases without the use of drugs, nurse, 
pharmacist or hospital selected by the health 
service board, but, subject to rules and regula- 
tions of that board, every member shall have the 
right to select, of his own choice, any duly li- 
censed physician, as defined herein, person li- 
censed to treat human diseases without the use 
of drugs, nurse, pharmacist, hospital or other 
agency of medical care as herein defined, who or 
which will render the required services pursuant 
to said rules and regulations, and the health 
service board shall make provision for the exer- 
cise of such choice; and is hereby expressly 
prohibited from entering into any exclusive con- 
tract for the rendering of said services. 

Any duly Hcensed physician, as defined herein, 
person licensed to treat human diseases without 
the use of drugs, nurse, pharmacist, hospital or 
other agency of medical care shall have the right 
to furnish such services or medical supplies at 
uniform rates of compensation to be fixed by the 
health service board. 

A8.427 EFFECT OF OTHER CHARTER 
PROVISIONS 

Except as otherwise specifically provided 
herein, all provisions of the charter shall be fully 
applicable to the health service board, the health 
service system and its administrator, medical 



Supp. No. 1, September 2006 



A8.427 



San Francisco - Charter 



374 



director and employees in the same manner that 
they apply to other boards, commissions, and 
departments of the City and County. (Amended 
November 2004) 

A8.428 HEALTH SERVICE SYSTEM 
TRUST FUND 

There is hereby created a health service 
system trust fund. The costs of the health service 
system shall be borne by the members of the 
system and retired persons, the City and County 
of San Francisco because of its members and 
retired persons and because of the members and 
retired persons of the Parking Authority of the 
City and County of San Francisco, the San 
Francisco Unified School District because of its 
members and retired persons and the San Fran- 
cisco Community College District because of its 
members and retired persons. A retired person 
as used in this section means a former member of 
the health service system retired under the San 
Francisco City and County Employees' Retire- 
ment System, and the surviving spouse or sur- 
viving domestic partner of an active employee 
and the surviving spouse or surviving domestic 
partner of a retired employee, provided that the 
surviving spouse or surviving domestic partner 
and the active or retired employee have been 
married or registered as domestic partners for a 
period of at least one year prior to the death of 
the active or retired employee. 

The City and County, the school district and 
the community college district shall each contrib- 
ute to the health service fund amounts sufficient 
for the following purposes, and subject to the 
following limitations: 

(a) All funds necessary to efficiently admin- 
ister the health service system. 

(b) The City and County, the school district 
and the community college district shall contrib- 
ute to the health service system fund with re- 
spect to each of their members an amount equal 
to "the average contribution," as certified by the 
health service board in accordance with the 
provisions of Section A8.428. 



(c) Monthly contributions required from re- 
tired persons and the surviving spouses and 
surviving domestic partners of active employees 
and retired persons participating in the system 
shall be equal to the monthly contributions re- 
quired from members in the system for health 
coverage-excluding health coverage or subsidies 
for health coverage paid for active employees as 
a result of collective bargaining, with the follow- 
ing modifications: 

(1) the total contributions required from 
retired persons who are also covered under Medi- 
care shall be reduced by an amount equal to the 
amount contributed monthly by such persons to 
Medicare; 

(2) because the monthly cost of health cov- 
erage for retired persons may be higher than the 
monthly cost of health coverage for active em- 
ployees, the City and County, the school district 
and the community college district shall contrib- 
ute funds sufficient to defray the difference in 
cost to the system in providing the same health 
coverage to retired persons and the surviving 
spouses and surviving domestic partners of ac- 
tive employees and retired persons as is provided 
for active employee members excluding health 
coverage or subsidies for health coverage paid for 
active employees as a result of collective bargain- 
ing; 

(3) after application of Section (c) and sub- 
sections (c)(1) and (c)(2), the City and County, the 
school district and the community college district 
shall contribute 50% of retired persons' remain- 
ing monthly contributions. 

(d) The City and County, the San Francisco 
Unified School District and the San Francisco 
Community College District shall contribute to 
the health service system fund 50% of the monthly 
contributions required for the first dependent of 
retired persons in the system. Except as herein- 
before set forth, the City and County, the San 
Francisco Unified School District and the San 
Francisco Community College District shall not 
contribute to the health service system fund any 
sums on account of participation in the benefits 
of the system by members' dependents, except 
surviving spouses and surviving domestic part- 



Supp. No. 1, September 2006 



374.1 



Appendix A: Employment Provisions 



A8.428 



ners, retired persons' dependents, except surviv- 
ing spouses and surviving domestic partners, 
persons who retired and elected not to receive 
benefits from San Francisco City and County 
Employees' Retirement System; resigned employ- 
ees and teachers defined in Section A8.425, and 
any employee whose compensation is fixed in 




Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



375 



Appendix A: Employment Provisions 



A8.432 



accordance with Sections A8.401,A8.403, or A8.404 
of this charter and whose compensation therein 
includes an additional amount for health and 
welfare benefits or whose health service costs 
are reimbursed through any fimd established for 
said purpose by ordinance of the board of super- 
visors. 

It shall be the duty of the board of supervi- 
sors, the board of education and the governing 
board of the community college district annually 
to appropriate to the health service system fund 
such amounts as are necessary to cover the 
respective obligations of the City and County, the 
San Francisco Unified School District and the 
San Francisco Community College District hereby 
imposed. Contributions to the health service 
system fund of the City and County, of the school 
district and of the community college district 
shall be charged against the general fund or the 
school, utility, bond or other special fund con- 
cerned. 

The amendments of this section contained in 
the proposition therefor submitted to the elector- 
ate on November 7, 2000 shall be effective July 1, 
2001. (Amended November 1984; November 2000; 
November 2004) 

A8.429 CONTRIBUTIONS TO FUND 

The health service board shall determine and 
certify to the controller the amount to be paid 
monthly by the members of the system to the 
health service system fund for the purposes of 
the system hereby created. The controller shall 
deduct said sums from the compensation of the 
members and shall deposit the same with the 
treasurer of the City and County to the credit of 
the health service system fund. 

Such deductions shall not be deemed to be a 
reduction of compensation rnider any provision 
of this charter. 

The health service board shall have control of 
the administration and investment of the health 
service system fund, provided that all invest- 
ments shall be of the character legal for insur- 
ance companies in California. Disbursements 
from the fund shall be made only upon audit by 
the controller and the controller shall have and 



exercise the accounting and auditing powers 
over the health service system fund which are 
vested in him by this charter with respect to all 
other municipal boards, officers and commis- 
sions. 

A8.430 "MEDICAL CARE" DEFINED 

The term "medical care" shall be defined by 
the health service board. All acts performed and 
services rendered under the provisions of this 
section shall be performed in accordance with 
the provisions as to professional conduct pre- 
scribed by the statutes of the State of California 
regulating such professional conduct and ser- 
vices. 

A8.431 LIMITATION OF CLAIMS BY 
MEMBERS 

Except as herein provided, members of the 
system shall have and possess no claim or re- 
course against any of the funds of the municipal- 
ity by virtue of the adoption or operation of any 
plan for rendering medical care, indemnifying 
costs of said care or canying insurance against 
such costs, but except as herein provided, the 
claim and recourse of any such member shall be 
limited solely to the funds of the system. All 
expenses of the system shall be paid exclusively 
from the health service system fund, and, except 
as herein provided, the City and County and the 
San Francisco Unified School District shall not 
appropriate or contribute funds in any manner 
for the purposes of the system hereby estab- 
lished and provided.! 

A8.432 TRANSITION 

The board of supervisors is authorized to 
enact by a vote of three-fourths of its members, 
any and all ordinances necessary to carry out the 
provisions of Sections 8.420 to and including 
8.432. 

Any surplus or deficit existing in the health 
service fund on February 5, 1958, shall belong to 
or be the obligation of members, as the case may 
be, and the City and County and the San Fran- 
cisco Unified School District shall neither receive 



A8.432 



San Francisco - Charter 



376 



payment nor credit nor shall it contribute to such 
fund on account of medical care rendered prior to 
such date. 

A8.440 ANNUAL VACATIONS OF 
EMPLOYEES 

(a) Every person employed in the City and 
County service shall be allowed a vacation with 
pay annually, as long as he continues in his 
emplo3niient, as follows: 

(1) After one year's continuous service, 10 
working days. 

(2) After five years' continuous service, 15 
working days. 

(3) After 15 years' continuous service, 20 
working days. 

(b) Employees may elect not to take their 
entire vacation in any one year and in such event 
may accumulate the days allowable and not 
taken for use at some future time, provided, 
however, that no employee may accumulate un- 
used vacation allowance in excess of 30 working 
days regardless of length of service. 

(c) In computing vacation pay, no employee 
shall be considered to work more than five days 
each week. Vacation pay for employees working 
less than a five-day week shall be computed 
proportionately. 

(d) If a hoHday occurs during such employee's 
vacation, and the employee would as a matter of 
law have been entitled to said day as a regular 
day off, such holiday shall not be considered a 
day of vacation chargeable to the employee's 
vacation allowance. 

(e) The time when vacations are to be taken 
shall be at the convenience of the principal 
executive, with due regard for seniority. 

(f) An employee with one year or more of 
service who ceases to be employed by the City 
and County and who has neither received nor 
waived his current annual vacation allowance 
shall receive a pro-rata payment for all service 
performed since January 1 of the calendar year 
in which he ceases to be employed, together with 
an amount equivalent to any accumulated vaca- 
tion allowances due him. 



(g) The board of supervisors shall enact any 
and all ordinances necessary to administer, in- 
terpret and regulate the provisions of Subsec- 
tions (a) through (f) of this section. 

(h) Every employee of the City and County 
of San Francisco whose rate of compensation is 
fixed pursuant to the provisions of Sections 8.403 
and 8.404 of this charter shall be entitled to 
receive an annual vacation at the time, with the 
pay and of the duration specified in this section 
and no section of the charter nor any provision of 
any collective bargaining agreement nor any 
street railway or bus wage schedule shall be 
construed in any manner or for any purpose to 
increase, reduce or otherwise affect the time or 
duration of, or pay for, vacations provided by this 
section nor shall any employee be deemed to 
have any vacation rights other than or in excess 
of the vacation rights specified in this section. 

(i) The vacation rights granted by this sec- 
tion, or contained in any collective bargaining 
agreements, or in any street railway or bus wage 
schedules, as any of said terms are referred to in 
Sections 8.403 and 8.404 of this charter, shall in 
no way increase, reduce or otherwise affect or be 
deemed to affect the wage or pay rate or schedule 
determinations made pursuant to the provisions 
of said Sections 8.403 and 8.404. 

A8.441 AUTHORIZATION TO TRANSFER 
VACATION CREDITS 

(a) Employees of the City and County of 
San Francisco may transfer their vested vaca- 
tion allowance credits to other employees of the 
City and County of San Francisco who have been 
determined to be catastrophically ill by the 
employee's head of department, in accord with 
the definition of catastrophic illness to be pro- 
vided by the Health Commission, and who have 
exhausted their vacation allowance, sick leave 
and compensatory time off, provided that such 
transfer may be made only in compliance with 
the terms and conditions established by the 
board of supervisors. 

By ordinance, the Board of Supervisors may 
extend such vacation credit transfer rights to 
City employees for use as family leave to care for 



377 



Appendix A: Employment Provisions 



A8.451 



catastrophically-ill spouses, domestic partners 
or other dependents as defined in the Internal 
Revenue Code (26 U.S.C. sec. 152), as amended 
from time to time. 

(b) The board of supervisors is hereby em- 
powered to enact any and all ordinances neces- 
sary to administer, interpret and regulate the 
provisions of this section. (Amended November 
1999) 

A8.450 MUNICIPAL RAILWAY 

Persons employed as platform men or bus 
operators in the operating department of the 
municipal railway system shall be subject to the 
following conditions of employment: The basic 
hours of labor shall be eight hours, to be com- 
pleted within 10 consecutive hours, and there 
shall be two days off, consecutive where practi- 
cable, in each week. All labor performed in excess 
of eight hours in any one day, or after a spread of 
10 consecutive hours in any one day, or five days 
in any one week, shall be paid for at the rate of 
time and one-half. 

Conductors and motormen may be assigned 
to duty as bus operators and while assigned to 
such duty they shall receive the compensation 
fixed for such service. Such assignment shall be 
governed by seniority of service, subject to a 
qualifying test by the railroad management as to 
competency and to state laws as to qualifications 
and licensing. 

A8.451 POLICE DEPARTMENT 

(a) The word "member" or "members" as 
used in this section shall mean the members in 
the police department set forth in Section 3.531 
of this charter. 

(b) The basic week of service for each mem- 
ber shall be 40 hours and the annual compensa- 
tion set forth in Section 3.531 of this charter 
shall be based upon said basic week of service. 

(c) Each member shall be entitled to at least 
two days off during each week, except as herein- 
after provided. 

(d) Whenever in the judgment of the chief of 
police public interest or necessity requires the 
services of any member to serve in excess of the 



basic week of service during any week, the chief 
of police may permit said service, and said mem- 
ber shall be compensated therefor or shall re- 
ceive equivalent time credited to him in lieu 
thereof in accordance with this subsection. For 
service performed in excess of the basic week, 
member shall, as requested by the member, be 
compensated on the basis of time and one-half in 
accordance with the ratio which said excess 
service bears to the basic week of service and the 
annual compensation provided therefor in Sec- 
tion 3.531 or in lieu thereof equivalent time off 
duty with pay at the rate of time and one-half. 

(e) Nothing contained in this section shall 
be deemed to interfere with a vacation, as pro- 
vided for in Section 8.440 of this charter, or the 
normal days off per week; provided, however, 
that when in the judgment of the chief of police 
public interest or necessity requires the services 
of any member to serve on his vacation, or part 
thereof, or normal days off, the chief of police 
may permit said member to serve during said 
vacation, or part thereof, or normal days off and 
he shall receive additional compensation for the 
period so served. Said additional compensation 
shall be computed on the basis of time and 
one-half in accordance with the ratio which said 
extra service performed bears to the basic week 
of service and the annual compensation provided 
therefor in Section 3.351. 

(f) Nothing in this section shall abridge or 
limit in any way the provisions of Section 301, 
Part 1, of the San Francisco Municipal Code, 
approving Rule 32 of the civil service commis- 
sion, insofar as sick leave and disability leaves 
for members are concerned. 

(g) Whenever in the judgment of the police 
commission the efficient performance of police 
duty requires that one or more members of the 
police department should report for roll call, 
orders, and assignment, prior to going on duty, 
the said commission may designate a period not 
to exceed 15 minutes in any one day for said 
reporting, and the said periods of 15 minutes 
need not be compensated for in money or in time 
off with pay. 



A8.451 



San Francisco - Charter 



378 



(h) Notwithstanding the provisions of any 
of the foregoing subsections, the members of the 
pohce department shall be entitled to the days 
declared to be holidays for employees whose 
compensations are fixed on a monthly basis in 
the schedules of compensations adopted by the 
board of supervisors pursuant to the provisions 
of Section 8.401 of the charter as additional days 
off with pay. Members shall be compensated on 
the basis of time and one-half as herein com- 
puted or shall be granted equivalent time off 
duty with pay at the rate of time and one-half as 
requested by the member. 

(i) The provisions of this section changing 
compensation for service in excess of the basic 
week of service from straight time compensation 
and equivalent time off duty with pay to time 
and one-half for compensation and for time off 
duty with pay shall be effective on and after July 
1, 1983. 

(j) Any member who actually performs ser- 
vices between the hours of 5:00 p.m. and 7:00 
a.m. shall be entitled to an additional 6.25 per- 
cent of the compensation otherwise payable for 
base pay therefor for all such hours worked; 
provided, however, that such additional compen- 
sation shall not be included for purposes of 
retirement benefit calculation or contributions 
provided elsewhere in this charter. 

The provisions of this subsection shall be- 
come effective in the manner provided by law, 
but in no event prior to July 1, 1984. 

A8.452 FIRE DEPARTMENT 

The chief of department shall recommend 
and the fire commission shall provide by rule for 
work schedules or tours of duty for the officers 
and members occupying the several ranks of the 
fire department; provided, however, that the 
normal work week determined on an annual 
basis for such officers and members shall not 
exceed 48.7 hours. All tours of duty established 
for officers and members assigned to the fire 
fighting companies and fire fighting units except- 
ing the arson investigation unit, shall start at 
eight o'clock A.M. No such officer or member 
shall be required to work more than twenty-four 



consecutive hours except in a case of conflagra- 
tion, disaster, or sudden and unexpected emer- 
gency of a temporary nature requiring the ser- 
vices of more than the available on-duty officers 
and members of the uniformed force of the de- 
partment. Officers and members may exchange 
watches with permission of the chief of depart- 
ment and time worked on such exchange of 
watches shall not be construed as time in viola- 
tion of the limitation of 48.7 hours in any normal 
work week nor 24 consecutive hours. Each such 
officer and each such member shall be entitled to 
at least one (1) day off duty during each week. 

When, in the judgment of the chief of depart- 
ment, it is in the public interest that any such 
officer or member shall work on his day off and 
said officer or member consents to so work, he 
may at the direction of the chief of department 
work on said day off, and in addition to the 
regular compensation provided for said officer or 
member as set forth in the Charter, said officer 
or member shall, as requested by the officer or 
member, be entitled to be compensated at the 
rate of time and one-half his regular rate of pay 
as provided for herein for said extra time served, 
or he shall be allowed the equivalent time off at 
the rate of time and one-half. 

In any computation in the administration of 
the San Francisco City and County Employees' 
Retirement System in which the compensation, 
as defined in any provisions relating to the 
retirement system, is a factor, compensation for 
overtime provided for in this section shall be 
excluded, and no such overtime compensation 
shall be deemed as compensation for any pur- 
pose relating to such retirement provisions. 

Officers and members of the uniformed force 
shall be entitled to the days declared to be 
holidays for employees whose compensation are 
fixed on a monthly basis in the schedule of 
compensation adopted by the board of supervi- 
sors, pursuant to the provisions of Section 8.401 
of the charter, as additional days off with pay. 
Officers or members shall be compensated for 
said days on the basis of time and one-half as 
herein computed or shall be granted equivalent 
time off duty with pay at the rate of time and 
one-half, as requested by the officer or member. 



379 



Appendix A: Employment Provisions 



A8.500-1 



For payroll purposes, that portion of each 
tour of duty which falls within each calendar day 
shall constitute a single tour of duty. The rate of 
compensation or equivalent time off as provided 
for in this section, shall be calculated by dividing 
the annual rates of pay for each fiscal year by 
two-thirds (2/3) number of single tours of duty as 
scheduled for the several ranks in the fire fight- 
ing companies in said fiscal year. 

A8.500 RETIREMENT SYSTEM FOR 
OFFICERS AND EMPLOYEES 

In order to continue in force provisions al- 
ready existing for retirement and death benefits 
for officers and employees of the City and County, 
the San Francisco City and County Employees' 
Retirement System, hereinafter referred to as 
the retirement system or the system, is hereby 
continued. The enactment of Sections 3.670, 3.672 
and Sections 8.500 to 8.581, inclusive, of this 
charter is not intended to, and shall not in any 
way, alter or modify the rights, benefits, or 
obligations of any member or beneficiary of the 
retirement system or of the City and County 
with respect to that system as they exist at the 
time this charter becomes effective. 

Ordinance provisions already existing with 
respect to the retirement system shall continue 
in force until amended or revoked by the board of 
supervisors as provided in this section. The board 
of supervisors is hereby empowered to enact, by 
a vote of three-fourths of its members, any and 
all ordinances necessary to carry into effect the 
provisions of Sections 3.670, 3.672 and Sections 
8.500 through 8.588-15, of this charter; provided 
that the board of supervisors shall secure, through 
the retirement board, an actuarial report of the 
cost and effect of any proposed change in the 
benefits under the retirement system, before 
enacting an ordinance or before voting to submit 
any proposed charter amendment providing for 
such change. 

Subject to the vested rights rule, the board of 
supervisors is further empowered to enact, by a 
vote of three-fourths of its members, ordinances 
to conform the provisions of the retirement sys- 
tem to any changes in the tax laws of the United 
States to the extent necessary to maintain the 



qualified tax status of the retirement system 
provided that the board of supervisors shall first 
secure, from the retirement board, an actuarial 
report of the cost and effect of any such change 
and the recommendation from the retirement 
board that such an ordinance is necessary. 

The board of supervisors is further empow- 
ered to enact, by a vote of three-fourths of its 
members, ordinances to allow Internal Revenue 
Code section 414(h)(2) tax treatment of mem- 
bers' contributions to the retirement system pro- 
vided that the board of supervisors shall first 
secure from the retirement board an actuarial 
report which certifies that such ordinances will 
not increase costs, other than administrative 
costs, for the City and County. 

A8.500-1 RECIPROCAL PENSION 
BENEFITS WITHIN THE RETIREMENT 
SYSTEM AND WITH OTHER PUBLIC 
PENSION PLANS 

Subject to the provisions of Section 8.500, the 
board of supervisors shall have the power to 
enact ordinances to establish reciprocal agree- 
ments with the Public Employees' Retirement 
System and other public agencies maintaining 
independent retirement systems for the purpose 
of extending reciprocal benefits to members of 
such systems as provided by state law. The board 
of supervisors and the retirement board shall 
have the power to perform all acts necessary to 
carry out the terms and purposes of such agree- 
ments. 

Subject to the provisions of Section 8.500, the 
board of supervisors is further empowered to 
enact ordinances necessary to extend reciprocal 
rights to members who transfer between retire- 
ment plans established by this Charter provided 
that service under any plan for miscellaneous 
members shall be used for qualification purposes 
only and not to calculate benefits under any 
retirement plan for members of the police or fire 
departments. With the exception of those mem- 
bers who transferred pursuant to Charter Sec- 
tions 8.559-14 and 8.585-14, no ordinance en- 
acted under this section shall extend reciprocal 
rights to any member who transferred from 
Cheirter section 8.559 or 8.585 to Charter section 



A8.500-1 



San Francisco - Charter 



380 



8.509, 8.584, 8.586 or 8.588, before April 1, 1993. 
No ordinance enacted under this section shall 
extend reciprocal rights to any person who ter- 
minated his or her membership in the retire- 
ment system or retired before April 1, 1993. 
Subject to the above, reciprocal benefits under 
this paragraph shall be consistent with interpre- 
tations that have been made relative to the 
reciprocal benefit provisions of the Public Em- 
ployees' Retirement System and 1937 County 
Employees' Retirement Act which this para- 
graph is intended to implement. The reciprocal 
benefits under this section will be limited by 
Section 415 of the Internal Revenue Code of 
1986, as amended from time to time, and no 
reciprocal benefits will be effective if they have 
an adverse impact on the tax qualified status of 
the retirement system under Section 401 of the 
Internal Revenue Code of 1986, as amended 
from time to time. (Amended November 1999; 
November 2002) 

A8.500-2 DOMESTIC PARTNER 
QUALIFIED SURVIVOR BENEFITS 

With respect to the retirement system, do- 
mestic partnerships shall be treated exactly the 
same as marriages, domestic partners shall be 
treated exactly the same as spouses, termination 
of a domestic partnership shall be treated ex- 
actly the same as a dissolution of marriage and 
qualified surviving domestic partners shall be 
treated exactly the same as qualified surviving 
spouses, respectively. 

(a) As used in the retirement plans estab- 
lished by this Charter, the phrase "surviving 
wife" shall also mean and include a "surviving 
spouse." As used in these sections, the phrases 
"surviving wife" and "surviving spouse" shall 
also mean and include a surviving domestic 
partner, provided that: 

(1) there is no surviving spouse, and 

(2) the member has designated his or her 
domestic partner as beneficiary with the retire- 
ment system, and 

(3) the domestic partnership is established 
or recognized according to those provisions of 
Chapter 62 of the San Francisco Administrative 



Code, as amended from time to time. Domestic 
partners who have formed their domestic part- 
nership only by notarization of a declaration of 
Domestic Partnership as provided in Chapter 62 
of the San Francisco Administrative Code shall 
not be recognized or treated as a domestic part- 
nership for purposes under the retirement sys- 
tem unless and until the domestic partnership is 
registered or certified. A certificate of such do- 
mestic partnership, civil union, or similar legal 
relationship issued by another jurisdiction in a 
form that is equivalent to the records that the 
retirement system relies upon to verify mar- 
riages shall constitute sufficient proof of such 
legal relationship. 

(b) Beginning March 5, 2002, the require- 
ment of filing a Certificate of Domestic Partner- 
ship with the Retirement System shall not apply 
to members who were retired on or before No- 
vember 8, 1995 and who had filed a signed 
Declaration of Domestic Partnership with the 
County Clerk at least one full year prior to the 
effective date of his or her retirement; and pro- 
vided further that, as to any such member who 
was retired on or before November 8, 1995, no 
adjustment to a retirement allowance and no 
payments to a qualified surviving domestic part- 
ner shall begin before the effective date of this 
amendment or before the first day of the month 
in which an application is made to the Retire- 
ment System, which ever occurs later. 

(c) A monthly allowance equal to what would 
other-wise be payable to a surviving spouse shall 
be paid to the said surviving domestic partner, 
until he or she dies, marries or establishes a new 
domestic partnership. Establishment of a domes- 
tic partnership by a surviving spouse shall be 
treated exactly the same as a remarriage for 
retirement purposes. 

(d) Notwithstanding subsection (c), no addi- 
tional continuation allowance shall be paid after 
March 2, 2004 to a surviving domestic partner 
who is receiving a continuation allowance as the 
surviving spouse of another member on or before 
March 2, 2004. 

(e) No continuation allowance shall be pay- 
able under the provisions of this section ap- 
proved by the electorate on March 2, 2004 to the 



381 



Appendix A: Employment Provisions 



A8.503 



survivor of any member or retired member who 
died on or before March 1, 2004. Any retirement 
allowance payable to a person who becomes a 
qualified surviving domestic partner pursuant to 
the provisions of this section approved by the 
electorate on March 2, 2004, shall not begin 
before April 15, 2004. 

(f) The domestic partner benefits under this 
section will be limited by Section 415 of the 
Internal Revenue Code of 1986, as amended 
from time to time. No domestic partner benefits 
will be effective if they have an adverse impact 
on the tax qualified status of the retirement 
system under Section 401 of the Internal Rev- 
enue Code of 1986, as amended from time to 
time. (Amended March 2002; November 2002; 
March 2004) 

A8.502 RETIREMENT OF ELECTIVE 
OFFICERS 

Elective officers, including members of the 
Board of Supervisors in office on and after July 1, 
2000, but excepting members of all other boards 
and commissions and any elective officers who 
are members of the Public Employees' Retire- 
ment System, shall be members of the San 
Francisco City and County Employees' Retire- 
ment System under the miscellaneous plan in 
effect on the date such officer assumes office. 
Time during which said members have rendered 
service as elective officers shall be included un- 
der Subsection (g) of Section A8.509, Section 
A8.584-7 or the miscellaneous plan in effect on 
the date such officer assumes office, in addition 
to other time now so included. Contributions 
required to provide benefits based on service 
rendered as an elective officer prior to the effec- 
tive date of membership in the retirement sys- 
tem, shall be paid to the retirement system in a 
manner consistent with contributions required 
of miscellaneous members for temporary service 
as provided in this charter and the administra- 
tive code. (Amended March 2000) 

A8.503 RETIREMENT— COURT 
EMPLOYEES AND ATTACHES 

Employees and attaches of the superior or 
municipal court, including persons performing 



duties performed under the titles of commission- 
ers, phonographic reporters who are paid com- 
pensation on a monthly or per diem basis by the 
City and County, secretaries, stenographers, in- 
vestigators, messengers and other employees of 
the superior and municipal courts, in and for the 
City and County of San Francisco, shall be 
members of the San Francisco City and County 
Employees' Retirement System under Section 
8.509, and shall be subject to all of the conditions 
applying to other members under that section, 
except as herein otherwise provided. 

Service rendered to the said superior or mu- 
nicipal court in and for the City and County, 
other than as a phonographic reporter, by per- 
sons prior to becoming members under this sec- 
tion on February 1, 1953, shall be credited under 
the retirement system to such persons, provided 
that it would have qualified for credit when 
rendered, if said persons had been subject then, 
as they will be under this section, to the provi- 
sions of Section 8.509 of this charter and of the 
ordinances and provisions of the Municipal Code 
of the City and County of San Francisco relating 
to retirement of members under said section. 

Service rendered to said superior court on 
and after September 15, 1945, or to said munici- 
pal court on and after September 1, 1947, by 
phonographic reporters prior to becoming mem- 
bers under this section on February 1, 1953, 
shall be credited under this retirement system to 
such persons. 

Said service, rendered prior to becoming a 
member under this section on February 1, 1953, 
shall only be credited to each of such persons if 
he elect, by written notice, on a form provided by 
retirement system, filed in the office of the 
retirement board of said system prior to July 1, 
1953, to receive credit for all or any part of said 
service, and to pay into the retirement fund, at 
times and in the manner hereinafter provided, 
the following amounts: 

(a) an amount equal to the normal contri- 
butions he would have contributed, had he been 
a member of the retirement system under Sec- 
tion 8.509, during the time for which he has 



A8.503 



San Francisco - Charter 



382 



elected to receive credit for service, on the basis 
of compensation paid to him by the City and 
County on account of said service, and 

(b) an amornit equal to the interest which 
would have been credited to his account on 
account of such contributions from the date upon 
which they would have been made, to the date of 
payment of such contributions to the retirement 
system. However, a member shall not receive 
credit for any portion of such service rendered 
prior to April 1, 1922, unless he has elected to 
receive credit for, and has paid into the retire- 
ment fund such amount with respect to, all of 
said service rendered after March 31, 1922. Such 
amounts shall be paid into the retirement fund 
by lump sum pa5nnent, or payroll deductions or 
other installments, over a period not exceeding 
36 months from July 1, 1953, provided that any 
balance remaining unpaid at his retirement shall 
become due and payable forthwith. Benefits, not 
provided by such amounts, granted to said per- 
sons on account of said service rendered prior to 
February 1, 1953, shall be provided by contribu- 
tions of the City and County. Such service shall 
include time during which such person was ab- 
sent from a status included in the paragraph 
above by reason of service in the armed forces of 
the United States in any war in which the 
United States has engaged. 

Notwithstanding the foregoing provisions, any 
such employee or attache not already a member 
of the system and who is such an employee or 
attache on February 1, 1953, shall not become a 
member of the retirement system, unless he 
elect prior to July 1, 1953, on a form provided by 
the retirement system, to be a member of said 
system, and if he does not so elect, he shall not be 
a member of the retirement system, and shall 
not be prevented from continuing in such em- 
plojnnent by reason of such provision. 

A8.504 RETIREMENT— PARKING 
AUTHORITY EMPLOYEES 

Officers and employees of the Parking Au- 
thority of the City and County shall become 
members of the San Francisco City and County 
Employees' Retirement System under Section 
8.509 on February 1, 1963, and thereupon shall 



be subject to all conditions appljdng to other 
members under that section inclusive of the 
provisions of Section 8.514 of the charter, except 
as herein otherwise provided; provided, however, 
that members of such authority are excluded 
from the San Francisco City and County Employ- 
ees' Retirement System. 

Service rendered to the said Parking Author- 
ity by persons prior to becoming members under 
this section on February 1, 1963, shall be cred- 
ited under the Retirement System to such per- 
sons, subject to the terms and conditions pro- 
vided herein. Said service shall only be credited 
to each of such persons if he elect, by written 
notice, on a form provided by the retirement 
system and filed in the office of the retirement 
board of said system prior to July 1, 1963, to 
receive credit for said service, and to pay into the 
retirement fund, at times and in the manner 
fixed by the Retirement Board, the following 
amounts: 

(a) an amount equal to the normal contri- 
butions he would have contributed, had he been 
a member of the retirement system under Sec- 
tion 8.509, during the period in which said ser- 
vice was rendered, on the basis of compensation 
paid to him by the City and County on account of 
said service and 

(b) an amount equal to the interest which 
would have been credited to his account on 
account of such contributions from the date upon 
which they would have been made, to the date of 
payment of such contributions to the retirement 
system; provided that any balance remaining 
unpaid at his retirement shall become due and 
payable forthwith. If any such person shall not 
so elect to receive credit for said service and to 
pay such amounts of contributions and interest, 
or having so elected, subsequently does not pay 
into the retirement fund such amounts at times 
and in the manner herein provided, and prior to 
February 1, 1963, he shall enter as a new mem- 
ber without credit for any of said service, any 
monies theretofore received from him as pay- 
ment on such amounts together with accumu- 
lated interest thereon shall be refunded to him, 
and the rate of his contribution shall be the 



383 



Appendix A: Employment Provisions 



A8.506-1 




normal rate provided in Subsection (h) of Section 
8.509 at his age on February 1, 1963, otherwise 
his rate of contributions shall be the rate pro- 
vided in said Subsection (h) of Section 8.509 
based on his age at the earliest date in the period 
for which said service is credited. Benefits, not 
provided by such amounts, granted to said per- 
sons on account of said service rendered prior to 
the effective date of membership under this 
section, shall be provided by contributions of the 
City and County. 

Notwithstanding the foregoing provisions, any 
such officer or employee not already a member of 
the system and who is such an officer or em- 
ployee on February 1, 1963, shall not become a 
member of the retirement system, unless he 
elects to be a member of said system, in writing, 
on a form provided by the retirement system and 
filed in the office of the retirement system prior 
to July 1, 1963; if he does not so elect he shall not 
be a member of the retirement system, and shall 
not be prevented from continuing in such em- 
ployment by reason of the provisions of this 
section. 

A8.505 RETIREMENT— PORT 
AUTHORITY EMPLOYEES 

All employees of the Port Authority who, on 
February 7, 1969, are members of the Public 
Employees' Retirement System of the State of 
California shall continue to be members of said 
Public Employees' Retirement System, with all 
the rights, privileges and benefits of said system 
and they shall not be members of the San Fran- 
cisco City and County Employees' Retirement 
System; and, notwithstanding any other provi- 
sions of this charter, the City and County shall 
perform all acts necessary to continue the mem- 
bership of such employees in said Public Employ- 
ees' Retirement System. 

All employees of the Port Authority who, at 
the time the transfer provided for herein shall go 
into effect, are covered under the provisions of a 
retirement program other than the Public Em- 
ployees' Retirement System of the State of Cali- 
fornia shall thereafter continue to be covered 
under such retirement program and they shall 
not be members of the San Francisco City and 



County Employees' Retirement System; and, not- 
withstanding any other provisions of this char- 
ter, the City and County shall perform all acts 
necessary to continue the coverage of such em- 
ployees under such retirement program. 

Persons who, after February 7, 1969, become 
employees of the City and County in positions 
related to the operation of the State Belt Rail- 
road and who become covered under the provi- 
sions of the Railroad Retirement Act by virtue of 
their employment in such positions shall not be 
members of the San Francisco City and County 
Employees' Retirement System. 

A8.506 SHERIFF'S DEPARTMENT 

Notwithstanding any other provisions of this 
charter, the board of supervisors shall have the 
power to contract with the Board of Administra- 
tion of the Public Eniployees' Retirement System 
of the State of California to provide that the 
sheriff, undersheriff and all deputized personnel 
of the sheriffs department shall be members of 
the Public Employees' Retirement System, and 
the board of supervisors and the retirement 
board shall have the power to perform all acts 
necessary to carry out the terms and purposes of 
such contract. The maximum employee contribu- 
tion for sheriff, undersheriff and deputized per- 
sonnel of the sheriffs department shall be seven 
and one-half percent (7y2%). Required contribu- 
tions exceeding seven and one-half percent (772%) 
shall be made by the City and County. 

Any person who shall become a member of 
the Public Employees' Retirement System pur- 
suant to such contract shall have the right to be 
a member of the health service system and the 
health service board shall make provisions for 
participation in the benefits of the health service 
system by such persons. 

A8.506-1 TEACHERS IN THE SAN 
FRANCISCO UNIFIED SCHOOL 
DISTRICT AND SAN FRANCISCO 
COMMUNITY COLLEGE DISTRICT 

Notwithstanding any other provisions of this 
charter, the board of supervisors shall have the 
power to perform any and all acts necessary or 
appropriate to implement any provisions of the 



Supp. No. 13, January 2008 



A8.506-1 



San Francisco - Charter 



384 



Education Code of the State of California which 
contemplate that teachers in the San Francisco 
Unified School District and the San Francisco 
Community College District shall not be mem- 
bers of the San Francisco City and County Em- 
ployees' Retirement System but shall be mem- 
bers only of the State Teachers' Retirement System 
or which contemplate that such teachers may 
elect to be members of the State Teachers' Re- 
tirement System and not to be members of the 
San Francisco City and County Employees' Re- 
tirement System. 

A8.506-2 MISCELLANEOUS SAFETY 
EMPLOYEES 

Notwithstanding any other provisions of this 
charter, the Board of Supervisors or the Commu- 
nity College Board shall have the power to con- 
tract with the Board of Administration of the 
Public Employees' Retirement System of the 
State of California to provide that the probation 
officers, airport police officers, district attorney 
and public defender investigators, medical exam- 
iner investigators, juvenile court counselors, in- 
stitutional police, fire safety inspectors and fire 
protection engineers who are not members of the 
Section 8.588 plans, shall be members of the 
Public Employees' Retirement System, and the 
Board of Supervisors, the Community College 
Board and the Retirement Board shall have the 
power to perform all acts necessary to carry out 
the terms and purposes of such contract. 

The Board of Supervisors shall have the 
power to amend such a contract to terminate the 
participation of certain airport police officers in 
the Public Employees' Retirement System and to 
transfer to the San Francisco Employees' Retire- 
ment System the accumulated assets and liabili- 
ties relating to the airport police officers that 
make such an election, and to exempt such a 
contract amendment from the cost-neutrality 
requirements of this Section 8.506-2, provided 
that the present value of any additional costs 
associated with said transfer and the related 
benefits under the San Francisco Employees' 
Retirement System does not exceed $670,000 in 
the aggregate. All additional costs in the form of 
actuarial liability associated with said transfer 



and said benefits that exceed $670,000 in the 
aggregate shall be paid by the airport police 
officers that elect to terminate their participa- 
tion in the Public Employees' Retirement System 
and transfer the accumulated assets and liabili- 
ties relating to their service to the San Francisco 
Employees' Retirement System. The Board of 
Supervisors and the Retirement Board shall have 
the power to perform all acts necessary to carry 
out the amendment of such contract. 

Except as provided in this Section 8.506-2, 
contracts and contract amendments shall be 
cost-neutral and employee bargaining units shall 
be permitted to trade salary or other employee 
paid benefits to achieve cost-neutrality. The Board 
of Supervisors or the Community College Board 
is empowered to determine compliance under 
this Section. As provided in Section A8.409-5 of 
the City Charter, disputes under this paragraph 
shall not be subject to the dispute resolution 
procedures contained in Charter Section A8.409-4. 

Any person who shall become a member of 
the Public Employees' Retirement System pur- 
suant to such contract shall have the right to be 
a member of the health service system and the 
Health Service Board shall make provision for 
the participation in the benefits of the health 
service system by such persons. (Amended No- 
vember 2003; Amended by Proposition F, Ap- 
proved 11/6/2007) 

A8.506-3 HOUSING AUTHORITY POLICE 

All Housing Police Officers of the Housing 
Authority who, on July 1, 1984, are members of 
the Public Employees' Retirement System of the 
State of California shall continue to be members 
of said Public Employees' Retirement System, 
and they shall not be members of the San Fran- 
cisco City and County Employees' Retirement 
System. Notwithstanding any other provisions of 
this charter, the City and County shall perform 
all acts necessary to continue the membership of 
such employees in said Public Elmployees' Retire- 
ment System. 

Notwithstanding any other provisions of this 
charter, the board of supervisors shall have the 
power to contract with the Board of Administra- 



Supp. No. 13, January 2008 



384.1 



Appendix A: Employment Provisions 



A8.506-4 



tion of the Public Employees' Retirement System 
of the State of California to provide that Housing 
Authority Police hired after July 1, 1984, shall be 
members of the Public Employees' Retirement 
System, and the board of supervisors and the 
retirement board shall have the power to per- 
form all acts necessary to carry out the terms 
and purposes of such contract. 

Any person who shall become a member of 
the Public Employees' Retirement System pur- 
suant to such contract shall have the right to be 
a member of the health service system and the 
health service board shall make provision for 
participation in the benefits of the health service 
system by such persons. 



A8.506-4 PER DIEM NURSES ON 
JANUARY 1, 1988. 

Registered nurses, hired and compensated by 
the department of health on a per diem basis, 
shall not be members of the retirement system or 
subject to the provisions of the retirement sys- 
tem by reason of such employment. 

Members of the retirement system on the 
effective date of this section shall have the option 
to be exercised in writing on a form to be fur- 
nished by the retirement board and to be filed at 



Supp. No. 13, January 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 13, January 2008 



385 



Appendix A: Employment Provisions 



A8.506-5 




the office of the retirement system not later than 
March 31, 1988, to exclude compensation for per 
diem nursing as compensation for all retirement 
system purposes. 

The provisions of this section shall be pro- 
spective only, shall be effective January 1, 1988 
and shall not give any person a claim for refund 
of pension contributions prior to January 1, 
1988. 

A8.506-5 DISTRICT ATTORNEYS, 
PUBLIC DEFENDERS AND PUBLIC 
DEFENDER INVESTIGATORS 

(a) Notwithstanding any other provisions of 
this charter, the board of supervisors shall have 
the power to contract with the Board of Admin- 
istration of the Public Employees' Retirement 
System of the State of California to provide that 
local prosecutors, public defenders and public 
defender investigators, on or after January 1, 
2002, shall be members of the Public Employees' 
Retirement System pursuant to Government Code 
§ 20423.6 and the board of supervisors and the 
retirement board shall have the power to per- 
form all acts necessary to carry out the terms 
and purposes of such contract. Any person who 
shall become a member of the Public Employees' 
Retirement System pursuant to such contract 
shall have the right to be a member of the health 
service system and the health service board shall 
make provision for the participation in the ben- 
efits of the health service system by such per- 
sons. 

(b) For the purposes of the retirement sys- 
tem and of this section, the terms "local prosecu- 
tor, public defender and public defender investi- 
gator" or "member," shall mean: 

(1) "Local prosecutor" means any one of the 
following: 

(A) An officer or employee of the City and 
County of San Francisco who meets all of the 
following criteria: 

(i) He or she is employed in the Office of the 
District Attorney and 

(ii) His or her job classification is district 
attorney, deputy district attorney, chief deputy 
district attorney, senior deputy district attorney. 



assistant district attorney, chief assistant dis- 
trict attorney, senior assistant district attorney, 
or any other similar classification or title. 

(B) An officer or employee of the City and 
County of San Francisco who meets all of the 
following criteria: 

(i) He or she was employed in the Office of 
the District Attorney prior to the date the local 
child support agency transitioned from the Dis- 
trict Attorney to the San Francisco Office of 
Child Support Services; 

(ii) His or her job classification was district 
attorney, deputy district attorney, chief deputy 
district attorney, senior deputy district attorney, 
assistant district attorney, chief assistant dis- 
trict attorney, senior assistant district attorney, 
or any other similar classification or title; and 

(iii) He or she is an attorney in the San 
Francisco Office of Child Support Services, with 
no break in service between employment by the 
Office of the District Attorney and the San Fran- 
cisco Office of Child Support Services. 

(2) "Local public defender" means an officer 
or employee of the City and County of San 
Francisco who meets all of the following criteria: 

(A) He or she is employed in the Office of 
the Public Defender and 

(B) His or her job classification is public 
defender, deputy public defender, chief deputy 
public defender, senior deputy public defender, 
assistant public defender, chief assistant public 
defender, senior assistant public defender, or any 
other similar classification or title. 

(3) "Local public defender investigator" 
means an officer or employee of the City and 
County of San Francisco who meets all of the 
following criteria: 

(A) He or she is employed in the Office of 
the Public Defender; 

(B) His or her job classification is inspector, 
investigator, detective, or any other similar clas- 
sification or title; and 

(C) His or her principal duties are to inves- 
tigate crime and criminal cases. 



A8.506-5 



San Francisco - Charter 



386 



(c) The power to enter into a contract under 
subsection (a), above, shall be limited to a con- 
tract that is cost-neutral to the City. Employee 
bargaining units shall be permitted to trade 
salary or other employer-paid benefits, including 
but not limited to social security benefits, to 
achieve cost-neutrality. As provided in Section 
A8.409-5 of the City Charter, disputes under this 
paragraph shall not be subject to the dispute 
resolution procedures contained in Charter Sec- 
tion A8.409-4. (Added March 2004) 

A8.507 MISCELLANEOUS OFFICERS 
AND EMPLOYEES ON JANUARY 8, 1932 

Persons who are officers and employees of 
this City and County on January 8, 1932, shall 
become members of the retirement system sub- 
ject only to the following provisions, in addition 
to the provisions contained in Sections 3.670, 
3.672, 8.500, 8.510, 8.511, 8.520, 8.525 and 8.560, 
of this charter. 

(a) The system shall be applied to such 
offices, departments, bureaus, or classes of offi- 
cers or employees of the City and County, includ- 
ing teachers in the San Francisco school depart- 
ment, as the supervisors shall determine; provided, 
however, that the contributions to be made by 
said teachers and the benefits to be received by 
said teachers under said retirement system shall 
be based upon the proportion of salaries of said 
teachers which have been and shall be paid out 
of funds contributed by the City and County, 
excluding therefrom the portion of such salaries 
which have been or shall be paid out of funds 
contributed by the State of California; and in 
determining such proportion it shall be taken to 
be the same proportion which the whole amount 
of money contributed by the City and County to 
the common school fund in any fiscal year bears 
to the whole amount of money contributed to 
such fund in such year by the state and by the 
City and County; and provided, further, that 
nothing herein contained shall be construed to 
deprive any teacher of the right to receive ben- 
efits under any pension or retirement system 
now or hereafter established by the State of 
California. 



(b) No member of the retirement system 
shall be retired, except in case of disability 
incapacitating him for the performance of his 
duties, unless he shall have attained the age of 
62 years and completed 10 years of continuous 
service, but retirement shall be compulsory at 
the age of 70 years. It may be provided, however, 
under such retirement system, that members 
may retire after 30 years of continuous service; 
the benefits at retirement in such cases to be 
determined, because of retirement at an age 
below 62, in accordance with the tables recom- 
mended by the actuary and approved by said 
retirement board. 

(c) All persons who were retired prior to 
October 1, 1925, from service as teachers in the 
public schools of San Francisco, under the provi- 
sions of the law of 1913, establishing the Califor- 
nia Public School Teachers' Retirement Salary 
Fund, shall be entitled to and shall receive 
retirement allowances, to be calculated on the 
same basis as that established for determining 
the retirement allowances provided for members 
of the said retirement system. 

A8.508 PACIFIC GAS & ELECTRIC 
COMPANY EMPLOYEES 

The board of supervisors shall have the power 
to provide by ordinance retirement benefits for 
persons who become employees of the City and 
County of San Francisco under any lease, or 
other temporary arrangement, entered into be- 
tween said City and County and the Pacific Gas 
& Electric Company, and because of their em- 
ployment by said company at the effective date of 
said lease, or other temporary arrangement. The 
effect of said ordinance shall be to provide essen- 
tially the same retirement benefits for said em- 
ployees on account of service rendered under 
said lease, or other temporary arrangement, as if 
said persons had been employees of said com- 
pany throughout the term of said lease. 

The further effect of said ordinance shall be 
to provide for permanent retirement rights for 
said persons, in the event they become employ- 
ees of said City and County upon purchase or 
other permanent acquisition of the properties of 
said company, essentially the same benefits on 



387 



Appendix A: Employment Provisions 



A8.509 



account of service rendered as employees of said 
City and County, as they would have received if 
they had been members throughout said service 
of the San Francisco City and County Employees 
Retirement System on the same basis as other 
employees of said City and County, except mem- 
bers of fire or police departments. 

A8.509 RETIREMENT- 
MISCELLANEOUS OFFICERS AND 
EMPLOYEES ON AND AFTER JULY 1, 
1947 

Miscellaneous officers and employees, as de- 
fined in this section, who are members of the 
retirement system under this section of the char- 
ter on February 1, 1969, and persons who be- 
come miscellaneous officers and employees after 
February 1, 1969, shall be members of the retire- 
ment system, subject to the following provisions 
of this section, in addition to the provisions 
contained in Sections 3.670, 3.672, 8.500, 8.510 
and 8.520 of this charter notwithstanding the 
provisions of any other section of the charter, 
provided that the retirement system shall be 
applied to persons employed on a part-time, 
temporary or substitute basis only as the board 
of supervisors shall determine by ordinance en- 
acted by three-fourths vote of all members of the 
board. Miscellaneous officers and employees of 
the said departments who are members of the 
retirement system under Section 8.507 of the 
charter on February 1, 1969 shall continue to be 
members of the system under Section 8.507 and 
shall not be subject to any of the provisions of 
this section, except as specifically provided in 
this section. 

(a) The following words and phrases as used 
in this section, unless a different meaning is 
plainly required by the context, shall have the 
following meaning: 

"Retirement allowance," or "allowance," shall 
mean equal monthly payments, beginning to 
accrue upon the date of retirement, and continu- 
ing for life unless a different term of pajrments is 
definitely provided by the context. 

"Compensation," as distinguished fi'om ben- 
efits under the workers' compensation laws of 



the State of California, shall mean all remunera- 
tion whether in cash or by other allowances 
made by the City and County, for service quali- 
fying for credit under this section. 

"Compensation eamable" shall mean the com- 
pensation as determined by the retirement board, 
which would have been earned by the member 
had he worked, throughout the period under 
consideration, the average number of days ordi- 
narily worked by persons in the same grade or 
class of positions as the positions held by him 
during such period and at the rate of pay at- 
tached to such positions, it being assumed that 
during any absence, he was in the position held 
by him at the beginning of the absence, and that 
prior to entering City-service he was in the 
position first held by him in City-service. 

"Benefit" shall include "allowance," "retire- 
ment allowance," and "death benefit." 

"Average final compensation" shall mean the 
average monthly compensation earned by a mem- 
ber during any five consecutive years of credited 
service in the retirement system in which his 
average final compensation is the highest, un- 
less the board of supervisors shall otherwise 
provide by ordinance enacted by three-fourths 
vote of all members of the board. 

For the purposes of the retirement system 
and of this section, the terms "miscellaneous 
officer or employee," or "member," as used in this 
section shall mean any officer or employee who is 
not a member of the fire or police department as 
defined in the charter for the purpose of the 
retirement system, under Section 8.507 of the 
charter. 

"Retirement system" or "system" shall mean 
San Francisco City and County Employees' Re- 
tirement System as created in Section 8.500 of 
the charter. 

"Retirement board" shall mean "retirement 
board" as created in Section 3.670 of the charter. 

"Charter" shall mean the charter of the City 
and County of San Francisco. 

Words used in the masculine gender shall 
include the feminine and neuter genders, and 
singular numbers shall include the plural; and 
the plural the singular. 



A8.509 



San Francisco - Charter 



388 



"Interest" shall mean interest at the rate 
adopted by the retirement board. 

(b) Any member who completes at least 20 
years of service in the aggregate credited in the 
retirement system, and attains the age of 50 
years, or at least 10 years of service in the 
aggregate credited in the retirement system, and 
attains the age of 60 years, said service to be 
computed under Subsection (g) hereof, may re- 
tire from service at his option. Members shall be 
retired on the first day of the month next follow- 
ing the attainment by them of the age of 65 
years. A member retired after reaching the age of 
60 years shall receive a service retirement allow- 
ance at the rate of two percent of said average 
final compensation for each year of service; pro- 
vided, however, that upon the compulsory retire- 
ment of a member upon his attainment of the age 
of 65 years, if the allowance available to such 
member, pursuant to the provisions of Subsec- 
tion (f) of this section, shall be greater in amount 
than the service retirement allowance otherwise 
payable to such member under this Subsection 
(b), then such member shall receive as his ser- 
vice retirement allowance, in lieu of the allow- 
ance otherwise payable under this Subsection 
(b), an allowance computed in accordance with 
the formula provided in said Subsection (f). The 
service retirement allowance of any member 
retiring prior to attaining the age of 60 years, 
after rendering 20 years or more of such service 
and having attained the age of 50 years, com- 
puted under Subsection (g), shall be an allow- 
ance equal to the percentage of said average final 
compensation set forth opposite his age at retire- 
ment, taken to the preceding completed quarter 
year, for each year of service, computed under 
Subsection (g): 

Age at Percent for Each Year 

Retirement of Credited Service 



50 


1.0000 


50V4 


1.0250 


5OV2 


1.0500 


503/4 


1.0750 


51 


1.1000 



Age at 


Percent for Each Year 


Retirement 


of Credited Service 


5iy4 


1.1250 


51V2 


1.1500 


513/4 


1.1750 


52 


1.2000 


52V4 


1.2250 


52V2 


1.2500 


523/4 


1.2750 


53 


1.3000 


53V4 


1.3250 


53V2 


1.3500 


533/4 


1.3750 


54 


1.4000 


54V4 


1.4250 


54V2 


1.4500 


543/4 


1.4750 


55 


1.5000 


55V4 


1.5250 


55V2 


1.5500 


553/4 


1.5750 


56 


1.6000 


56V4 


1.6250 


56V2 


1.6500 


563/4 


1.6750 


57 


1.7000 


57V4 


1.7250 


57V2 


1.7500 


573/4 


1.7750 


58 


1.8000 


58V4 


1.8250 


58V2 


1.8500 


583/4 


1.8750 


59 


1.9000 



389 



Age at 
Retirement 

59V4 

59V2 

593/4 

60 



Appendix A: Employment Provisions 



A8.509 



Percent for Each Year 
of Credited Service 

1.9250 

1.9500 

1.9750 

2.000 



In no event shall a member's retirement 
allowance exceed 75 percent of his average final 
compensation. 

Before the first pajnnent of a retirement 
allowance is made, a member retired under this 
subsection or Subsection (c) of this section, may 
elect to receive the actuarial equivalent of his 
allowance, partly in an allowance to be received 
by him throughout his life, and partly in other 
benefits payable after his death to another per- 
son or persons, provided that such election shall 
be subject to all the conditions prescribed by the 
board of supervisors to govern similar elections 
by other members of the retirement system, 
including the character and amount, of such 
other benefits; provided, however, that at any 
time within 30 days after the date on which his 
compulsory retirement would otherwise have 
become effective, a member who has attained the 
age of 65 years may elect, without right of 
revocation, to withdraw his accumulated contri- 
butions, said election to be exercised in writing 
on a form furnished by the retirement system 
and filed at the office of said system, and a 
member so electing shall be considered as having 
terminated his membership in said system on 
the date immediately preceding the date on 
which his compulsory retirement would other- 
wise have become effective, and he shall be paid 
forthwith his accumulated contributions, with 
interest credited thereon. Notwithstanding the 
provisions of Section 8.514 of this charter, the 
portion of service retirement allowance provided 
by the City and County's contributions shall be 
not less than $100 per month upon retirement 
after 30 years of service and after attaining the 
age of 60 years, and provided further that as to 
any member with 15 years or more of service at 
the compulsory retirement age of 65, the portion 
of the service retirement allowance provided by 



the City and County's contribution shall be such 
that the total retirement allowance shall not be 
less than $100 per month. In the calculations 
under this subsectidn of the retirement allow- 
ance of a member having credit for service in a 
position in the evening schools and service in any 
other position, separate retirement allowances 
shall be calculated in the manner prescribed for 
each class of service, the average final compen- 
sation in each case being that for the respective 
class of service; prpvided that the aggregate 
retirement allowance shall be taken into account 
in appljdng the provisions of this subsection 
providing for a minimum retirement allowance. 
Part-time service and compensation shall be 
reduced to full-time service and compensation in 
the manner prescribed by the board of supervi- 
sors, and when so reduced, shall be applied on 
full time service and compensation in the calcu- 
lations of retirement allowances. 

(c) Any member who becomes incapacitated 
for performance of duty because of disability 
determined by the retirement board to be of 
extended and uncertain duration, and who shall 
have completed at least 10 years of service cred- 
ited in the retirement system in the aggregate, 
computed as provided in Subsection (g) hereof, 
shall be retired upon an allowance of one and 
eight-tenths percent of the average final compen- 
sation of said membier, as defined in Subsection 
(a) hereof for each year of credited service, if such 
retirement allowance exceeds 40 percent of his 
average final compensation; otherwise one and 
eight-tenths percent of his average final compen- 
sation multiplied by the number of years of 
City-service which would be credited to him were 
such City-service to Continue until attainment by 
him of age 60, but : such retirement allowance 
shall not exceed 40 percent of such average final 
compensation. In the calculation under this sub- 
section of the retirement allowance of a member 
having credit for service in a position in the 
evening schools and service in any other posi- 
tion, separate retirement allowances shall be 
calculated, in the manner prescribed, for each 
class of service, the average final compensation 
in each case being that for the respective class of 
service; provided that the average final compen- 



A8.509 



San Francisco - Charter 



390 



sation upon which the minimum total retirement 
allowance is calculated in such case shall be 
based on the compensation earnable by the mem- 
ber in the classes of service rendered by him 
during the one year immediately preceding his 
retirement. Part- time service and compensation 
shall be reduced to full-time service and compen- 
sation in the manner prescribed by the board of 
supervisors, and when so reduced, shall be ap- 
plied as full-time service and compensation in 
the calculation of retirement allowances. The 
question of retiring a member under this subsec- 
tion may be brought before the retirement board 
on said board's own motion, by recommendation 
of any commission or board, or by said member 
or his guardian. If his disability shall cease, his 
retirement allowance shall cease, and he shall be 
restored to service in the position or classifica- 
tion he occupied at the time of his retirement. 

(d) No modification of benefits provided in 
this section shall be made because of any amounts 
payable to or on account of any member under 
workers' compensation laws of the State of Cali- 
fornia. 

(e) If a member shall die, before retirement, 
(1) If no benefit is payable under subdivision (2) 
of this subsection (e): 

(A) Regardless of cause, a death benefit 
shall be paid to the member's estate or desig- 
nated beneficiary consisting of the compensation 
earnable by the member during the six months 
immediately preceding death, plus the member's 
contributions and interest credited thereon. 

(B) If a member sustains a traumatic bodily 
injury through external and violent means in the 
course and scope of employment and death re- 
sults within 180 days of such injury, an addi- 
tional insurance benefit of 12 months of compen- 
sation earnable shall be paid to the member's 
estate or designated beneficiary. 

(2) If, at the date of his death, he was 
qualified for service retirement by reason of 
service and age under the provisions of Subsec- 
tion (b) of this section, and he has designated as 
beneficiary his surviving spouse, who was mar- 
ried to him for at least one full year immediately 
prior to the date of his death, one-half of the 



retirement allowance to which the member would 
have been entitled if he had retired fi'om service 
on the date of his death, shall be paid to such 
surviving spouse who was his designated-benefi- 
ciary at the date of his death, until such spouse's 
death or remarriage, or if there be no surviving 
spouse, to the unmarried child or children of 
such member under the age of 18 years, collec- 
tively, until every such child dies, marries or 
attains the age of 18 years, provided that no 
child shall receive any allowance after manying 
or attaining the age of 18 years. If, at the death 
of such surviving spouse, who was receiving an 
allowance under this Subdivision (2), there be 
one or more unmarried children of such member 
under the age of 18 years, such allowance shall 
continue to such child or children, collectively, 
until every such child dies, marries or attains the 
age of 18 years, provided that no child shall 
receive any allowance after marrying or attain- 
ing the age of 18 years. If the total of the 
payments of allowance made pm-suant to this 
Subdivision (2) is less than the benefit which was 
otherwise payable under Subdivision (1) of this 
subsection, the amount of said benefit payable 
under Subdivision (1) less an amount equal to 
the total of the payments of allowance made 
pursuant to this Subdivision (2) shall be paid in 
lump sum as follows: 

(A) If the person last entitled to said allow- 
ance is the remarried surviving spouse of such 
member, to such spouse. 

(B) Otherwise, to the surviving children of 
the member, share and share alike, or if there 
are no such children, to the estate of the person 
last entitled to said allowance. 

The surviving spouse may elect, on a form 
provided by the retirement system and filed in 
the office of the retirement system before the 
first pajnnent of the allowance provided herein, 
to receive the benefit provided in Subdivision (1) 
of this subsection in lieu of the allowance which 
otherwise would be payable under the provisions 
of this subdivision. If a surviving spouse, who 
was entitled to make the election herein pro- 
vided, shall die before or after making such 
election, but before receiving £iny pa5mient pur- 



391 



Appendix A: Employment Provisions 



A8.509 



suant to such election, then the legally appointed 
guardian of the unmarried children of the mem- 
ber under the age of 18 years, may make the 
election herein provided before benefit has been 
paid under this Subsection (e), for and on behalf 
of such children if, in his judgment it appears to 
be in their interest and advantage, and the 
election so made shall be binding and conclusive 
upon all parties in interest. 

If any person other than such surviving spouse 
shall have and be paid a community property 
interest in any portion of any benefit provided 
under this Subsection (e), any allowance payable 
under this Subdivision (2) shall be reduced by 
the actuarial equivalent, at the date of the 
member's death, of the amount of benefits paid 
to such other person. 

Upon the death of a member after retirement 
and regardless of the cause of death, a death 
benefit shall be paid to his estate or designated 
beneficiary in the manner and subject to the 
conditions prescribed by the board of supervisors 
for the pajnnent of a similar death benefit upon 
the death of other retired members. 

(f) Should any miscellaneous member cease 
to be employed as such a member, through any 
cause other than death or retirement, all of his 
contributions, with interest credited thereon, shall 
be refunded to him subject to the conditions 
prescribed by the board of supervisors to cover 
similar terminations of emplojnnent and reem- 
plojnnent with and without redeposit of with- 
drawn accumulated contributions of other mem- 
bers of the retirement system, provided that if 
such member is entitled to be credited with at 
least 10 years of service or if his accumulated 
contributions exceed $1,000, he shall have the 
right to elect, without right of revocation and 
within 90 days after said termination of service, 
or if the termination was by lay-off, 90 days after 
the retirement board determines the termina- 
tion to be permanent, whether to allow his accu- 
mulated contributions to remain in the retire- 
ment fund and to receive benefits only as provided 
in this paragraph. Failure to make such election 
shall be deemed an irrevocable election to with- 
draw his accumulated contributions. A person 



who elects to allow his accumulated contribu- 
tions to remain in the retirement fund shall be 
subject to the same age requirements as apply to 
other members under this section for service 
retirement, but he shall not be subject to a 
minimum service requirement. Upon the quali- 
fication of such member for retirement by reason 
of age, he shall be entitled to receive a retirement 
allowance which shall be the actuarial equiva- 
lent of his accumulated contributions and an 
equal amount of the contributions of the City 
and County, plus 1^3 percent of his average final 
compensation for each year of service credited to 
him as rendered prior to his first membership in 
the retirement system. Upon the death of such 
member prior to retirement, his contributions 
with interest credited thereon shall be paid to his 
estate or designated beneficiary. 

(g) The following time and service shall be 
included in the computation of the service to be 
credited to a member for the purpose of deter- 
mining whether such member qualifies for retire- 
ment and calculating benefits: 

(1) Time during which said member is a 
member of the retirement system and during 
and for which said member is entitled to receive 
compensation because of services as a miscella- 
neous officer or employee. 

(2) Service in the fire and police depart- 
ments which is not credited as service of a 
member under this section shall count under 
this section upon transfer of a member of either 
of such departments to employment entitling 
him to membership in the retirement system 
under this section, provided that the accumu- 
lated contribution standing to the credit of such 
member shall be adjusted by refund to the mem- 
ber or by payment of the member, to bring the 
account at the time of such transfer to the 
amount which would have been credited to it had 
the member been a miscellaneous employee 
throughout the period of his service in either 
such departments at the compensation he re- 
ceived in such departments. 

(3) Time during which said member is ab- 
sent from a status included in paragraphs (1) or 
(2) next preceding which is not deemied absence 



A8.509 



San Francisco - Charter 



392 



from service under the provisions of Section 
8.520 of the charter and for which such member 
is entitled to receive credit as service for the City 
and County by virtue of contributions made in 
accordance with the provisions of such section. 

(4) Prior service determined and credited as 
prescribed by the board of supervisors for per- 
sons who are members under Section 8.507. 

(5) The board of supervisors, by ordinance 
enacted by a three-fourths vote of its members, 
may provide for the crediting as service under 
the retirement system of service, other than 
mihtary service, rendered as an employee of the 
federal government and service rendered as an 
employee of the State of California or any public 
entity or public agency in the State of California. 
Said ordinance shall provide that all contribu- 
tions required as the result of the crediting of 
such service shall be made by the member and 
that no contributions therefor shall be required 
of the City and County. 

(h) All payments provided under this sec- 
tion shall be made from funds derived from the 
following sources, plus interest earned on said 
funds: 

(1) There shall be deducted from each pay- 
ment of compensation paid to a member under 
Section 8.509 a sum equal to 7-1/2 percent of 
such payment of compensation. The sum so de- 
ducted shall be paid forthwith to the retirement 
system. Said contribution shall be credited to the 
individual account of the member from whose 
salary it was deducted, and the total of said 
contributions, together with interest credited 
thereon in the same manner as is prescribed by 
the board of supervisors for crediting interest to 
contributions of other members of the retirement 
system, shall be applied to provide part of the 
retirement allowance granted to, or allowance 
granted on account of said member under Sec- 
tion 8.509, or shall be paid to said member or his 
estate or beneficiary as provided in Sections 
8.509(e) and 8.509(f). 

(2) Contributions based on time included in 
paragraphs (1) and (3) of Subsection (g), and 
deducted prior to July 1, 1947, from compensa- 
tion of persons who become members under this 



section, and standing with interest thereon, to 
the credit of such members on the records of the 
retirement system on said date, shall continue to 
be credited to the individual accounts of said 
members, and shall be combined with and ad- 
ministered in the same manner as the contribu- 
tions deducted after said date. 

(3) The total contributions, with interest 
thereon, made by or charged against the City 
and County and standing to its credit, on July 1, 
1948, in the accounts of the retirement system, 
on account of persons who become members 
under this section, shall be applied to provide the 
benefits under this section. 

(4) The City and County shall contribute to 
the retirement system such amounts as may be 
necessary, when added to the contributions re- 
ferred to in the preceding paragraphs of this 
Subsection (h), to provide the benefits payable 
under this section. Such contributions of the City 
and County to provide the portion of the benefits 
hereunder, which shall be based on service ren- 
dered by each member prior to the date upon 
which his rate of contribution is determined in 
paragraph (1), Subsection (h), shall not be less 
during any fiscal year than the amount of such 
benefits paid during said year. Such contribu- 
tions of the City and County to provide the 
portion of the benefits hereunder, which shall be 
based on service rendered by respective mem- 
bers on and after the date stated in the next 
preceding sentence, shall be made in annual 
installments, and the installment to be paid in 
any year shall be determined by the application 
of a percentage to the total salaries paid during 
said year, to persons who are members under 
this section, said percentage to be the ratio of the 
value of the effective date hereof, or at the later 
date of a periodical actuarial valuation and in- 
vestigation into the experience under the sys- 
tem, of the benefits thereafter to be paid under 
this section, from contributions of the City and 
County, less the amount of such contributions, 
and plus accumulated interest thereon, then 
held by said system to provide said benefits on 
account of service rendered by respective mem- 
ber after the date stated in the sentence next 
preceding, to the value at said respective dates of 



393 



Appendix A: Employment Provisions 



A8.509 



salaries thereafter payable to said members. 
Said values shall be determined by the actuary, 
who shall take into account the interest which 
shall be earned on said contributions, the com- 
pensation experience of members, and the prob- 
abilities of separation by all causes, of members 
from service before retirement, and of death 
after retirement. Said percentage shall be changed 
only on the basis of said periodical actuarial 
valuation and investigation into the experience 
under the system. Said actuarial valuation shall 
be made every even-numbered year, and said 
investigation into the experience under the sys- 
tem shall be made every odd-numbered year. 

Notwithstanding the provisions of this Sub- 
division (4), any additional liabilities created by 
the amendments of this Section 8.509 contained 
in the proposition therefor submitted to the 
electorate on November 6, 1973, shall be amor- 
tized over a period of 30 years. 

(5) To promote the stability of the retire- 
ment system through a joint participation in the 
result of variations in the experience under mor- 
tality, investment and other contingencies, the 
contributions of both members and the City and 
County, held by the system to provide the ben- 
efits under this section, shall be a part of the 
fund in which all other assets of said system are 
included. Nothing in the section shall affect the 
obligations of the City and County to pay to the 
retirement system any amounts which may or 
shall become due under the provisions of the 
charter prior to the effective date hereof, and 
which are represented on July 1, 1947, in the 
accounts of said system by debits against the 
City and County. 

(i) Upon the completion of the years of ser- 
vice set forth in Subsection (b) of this section as 
requisite to retirement, a member shall be en- 
titled to retire at any time thereafter in accor- 
dance with the provisions of said Subsection (b), 
and nothing shall deprive said member of said 
right. 

(j) Except as otherwise provided in section 
8.511 of this charter, no person retired under this 
section, for service or disability and entitled to 
receive a retirement allowance under the retire- 



ment system, shall serve in any elective or ap- 
pointive position in the City and County service, 
including membership on boards and commis- 
sions, nor shall such persons receive any pay- 
ment for service rendered to the City and County 
after retirement, provided that service as an 
election officer or juror shall not be affected by 
this section. 

(k) Any section or part of any section in this 
charter, insofar as it should conflict with this 
section, or with any part thereof, shall be super- 
seded by the contents of this section. In the event 
that any word, phrase, clause or subsection of 
this section shall be adjudged unconstitutional, 
the remainder thereof shall remain in full force 
and effect. 

(1) Notwithstanding the provisions of Sub- 
sections (b), (c), (f), and (i) of this section, any 
member convicted of a crime involving moral 
turpitude, committed in connection with his du- 
ties as an officer or employee of the City and 
County of San Francisco, shall, upon his removal 
from office or employment pursuant to the pro- 
visions of this charter, forfeit all rights to any 
benefits under the retirement system except 
refund of his accumulated contributions; pro- 
vided, however, that if such member is qualified 
for service retirement by reason of service and 
age under the provisions of Subsection (b) of this 
section, he shall have the right to elect, without 
right of revocation and within 90 days after his 
removal from office or employment, whether to 
withdraw all of his accumulated contributions or 
to receive as his sole benefit under the retire- 
ment system, an annuity which shall be the 
actuarial equivalent of his accumulated contri- 
butions at the time of such removal from office or 

employment. ' 

I 

(m) The amendments of this section con- 
tained in the proposition submitted to the elec- 
torate on November 6, 1984 are hereby declared 
to be prospective and shall not give any person a 
claim against the City and County relating to a 
death prior to ratification of this amendment by 
the State Legislature. 



A8.510 



San Francisco - Charter 



394 



A8.510 ACTUARIAL TABLES, RATES 
AND VALUATIONS 

The mortality, service and other tables, and 
the rates of contributions for members as recom- 
mended by the actuary and the valuations deter- 
mined by him and approved by the retirement 
board, shall be conclusive and final, and the 
retirement system shall be based thereon. The 
total amount, as determined by the actuary and 
approved by the board, of the contributions re- 
quired during any fiscal year of the City and 
County under the retirement system, shall be 
paid into the retirement system by the City and 
County during such year. Liabilities accruing 
under the retirement system because of service 
rendered to the City and County by persons prior 
to the date their respective classes become eli- 
gible for membership in the system, and admin- 
istrative costs under the system, shall be met by 
contributions to the retirement system by the 
City and County, in addition to any amounts 
contributed to meet liabilities accruing because 
of service rendered by such persons after becom- 
ing members of the system, provided that such 
prior service liabilities may be met by annual 
appropriations instead of by one appropriation 
for the total amount of the liabilities; and pro- 
vided further, that such appropriation for any 
one year shall not be less than the amount 
disbursed during that year on account of prior 
service. All expenses in connection with the in- 
vestment of such fund or funds as may be estab- 
lished, including but not limited to travel and 
transportation costs, investment seminar ex- 
penses, postage, insurance, telephone, and sub- 
scriptions to investment publications, shall be 
paid from the accumulated contributions of the 
City and County. 

Notwithstanding the provisions of Section 
8.509(h)(5), said actuarial valuation and said 
investigation into the experience under the sys- 
tem shall be made as determined by the retire- 
ment board; provided, however, that said actu- 
arial valuation shall be made not less than once 
every two years. All expenses in connection with 
said actuarial valuation and said investigation 
into the experience under the system; all ex- 
penses incurred by financial audits and account- 



ing systems and procedures; and, all expenses of 
administration of plan benefits, including legal 
expenses thereof, shall be paid from the accumu- 
lated contributions of the City and County. 

Contributions to the retirement system re- 
quired of the City and Comity shall be charged 
by the controller against the general fund or the 
school, utility, bond or other special fund under 
which the service was rendered, on account of 
which the contribution is required; provided that 
contributions required on account of service ren- 
dered by any person prior to becoming a member 
of the system, under a temporary fund, such as 
bond or County roads funds, or a fund then no 
longer existing, may be charged against the 
general fund, and provided further, that any 
contributions required on account of persons 
receiving benefits under subdivision (c) of Sec- 
tion 8.507, shall be charged against the general 
fund. 

A8.511 PENSIONS OF RETIRED 
PERSONS 

(a) Except as provided in subsection (c) of 
this section, no person retired for service or 
disability, and in receipt of a retirement allow- 
ance under the retirement system, shall serve in 
any elective or appointive position in the City 
and County service, including membership on 
boards and commissions, nor shall such persons 
receive any pa5nnent for service rendered to the 
City and County after retirement, provided that 
service as an election officer or juror, or in the 
preparation for or the giving of testimony as an 
expert witness for or on behalf of the City and 
County of San Francisco before any court or 
legislative or administrative body, shall not be 
affected by this section or by Section 8.509, 
Section 8.546 or Section 8.581 of the charter. 

(b) Should any retired person, except per- 
sons retired for service prior to January 8, 1932, 
and persons retired because of disability in- 
curred in the performance of duty, engage in a 
gainful occupation prior to attaining the age of 
62, the retirement board shall reduce that part of 
his/her monthly pension or retirement allowance 
which is provided by contributions of the City 
and County, to an amount which, when added to 



395 



Appendix A: Employment Provisions 



the amount earned monthly by him/her in such 
occupation, shall not exceed the compensation on 
the basis of which his/her pension or retirement 
allowance was determined. 

(c) Limited emplojnnent in positions requir- 
ing special skills or knowledge: 

(1) A retired person, who is a certificated 
employee, may enter into a consultancy contract 
with the San Francisco Unified School District or 
the San Francisco Community College District to 
the extent authorized by state law. Notwithstand- 
ing any other provisions of this charter to the 
contrary, a certificated employee who enters into 
such a consultancy contract shall not be rein- 
stated as a member of the retirement system. No 
deduction shall be made from his or her compen- 
sation as contributions to the retirement system, 
and his or her retirement allowance shall not be 
terminated or suspended. 

(2) A retired person may be employed in a 
position other than a certificated position, requir- 
ing special skills or knowledge, for not to exceed 
120 working days or 960 hours, whichever is 
greater, in any one fiscal year and may be paid 
for that employment. That employment shall not 
operate to reinstate the person as a member of 
the retirement system or to terminate or sus- 
pend the member's retirement allowance, and no 
deductions shall be made from his or her salary 
as contributions to the retirement system. Fur- 
thermore, this employment shall not replace a 
permanent civil service employee. 

A8.512 RELINQUISHMENT OF CERTAIN 
RETIREMENT ALLOWANCES 

Any person who retired under the San Fran- 
cisco City and County Employees' Retirement 
System from an employment status in which he 
was a member of the State Teachers' Retirement 
System, and whose retirement was effective af- 
ter June 30, 1955, and not later than 90 days 
after February 1, 1957, may elect, in writing on 
a form provided by the retirement system and to 
be filed at the office of said system within 90 
days after February 1, 1957, to relinquish his 
right to a retirement allowance from said City 
and County Employees' Retirement System. If 



A8.513 



such person so elects to relinquish said right, his 
retirement allowance shall be cancelled forth- 
with and no payments of such allowance shall be 
made to him, or on his account, for time on and 
after the effective date of such election, and such 
election shall be irrevocable. The San Francisco 
City and County Employees' Retirement System 
shall pay or be liable to pay to or on account of 
such person, only an amount equal to the actu- 
arial equivalent, as of the effective date of such 
relinquishment, and on the basis of the mortality 
tables and interest rate then used under the 
system, of the portion of the cancelled allowance 
which was provided by said person's accimiu- 
lated contributions at the effective date of his 
retirement. An amount equal to such actuarial 
equivalent shall be forwarded forthwith to the 
Retirement Annuity Fund of said State Teachers' 
System, to be applied on the amount due to said 
fund from said person under the provisions of 
Division (7), Chapter 14 of the Education Code of 
the State of California, but not to exceed the 
amount so due as may be quoted in a written 
statement requested of and received from said 
State Teachers' Retirement System as applied to 
any person herein involved. Any excess of the 
actuarial equivalent over said amount so quoted 
as due shall be paid forthwith to said person. 

A8.513 CREDIT ON CURRENT 
CONTRIBUTIONS, FOR CERTAIN 
PUBLIC RESERVES RELEASED BY 
WITHDRAWAL OR RELINQUISHMENT 
BY RETIRING OR RETIRED TEACHERS 

In the event that any teacher or other em- 
ployee of the board of education resigns and 
withdraws during or after the fiscal year which 
will end June 30, 1957, his accumulated contri- 
butions from the San Francisco City and County 
Employees' Retirement System, and instead, 
within 90 days after such withdrawal is in the 
status of a person retired under the State Teach- 
ers' Retirement System of California on an al- 
lowance based on the full allowance formulae 
under said state system, the contributions which 
the San Francisco Unified School District is 
required to make to said City and County Em- 
ployees' Retirement System on account of service 



A8.513 



San Francisco - Charter 



396 



rendered by employees of such unified school 
district as such members of such system, in 
accordance with the rate of contribution deter- 
mined under Section 8.509 of the charter, shall 
be reduced by an amount equal to the actuarial 
equivalent as of the day next following the date 
of such withdrawal, of the portion of the allow- 
ance to which such person would have been 
entitled from said City and County Employees' 
Retirement System, if he had not resigned, and 
which would have been based on his service as a 
member of such City and County Employees' 
Retirement System, minus the amount of his 
accumulated normal contributions withdrawn. 

In the event that any person retired under 
the San Francisco City and County Employees' 
Retirement System from an emplojnnent status 
in which he was a member of the State Teachers' 
Retirement System, has elected or elects to re- 
linquish his right to a retirement allowance from 
said City and County Employees' Retirement 
System, the contributions which the San Fran- 
cisco Unified School District is required to make 
to the City and County Employees' Retirement 
System on account of service rendered by em- 
ployees of such unified school district as mem- 
bers of such system in accordance with the rate 
of contribution determined under Section 8.509 
of the charter, shall be reduced by an amount 
equal to the actuarial equivalent as of the effec- 
tive date of such relinquishment, and as deter- 
mined in connection with such relinquishment, 
of the portion of the allowance to which said 
person would have been entitled had he not so 
elected, and which was based on his service as a 
member of the City and County Employees' 
Retirement System, minus the actuarial. equiva- 
lent determined in connection with such relin- 
quishment of the portion of the cancelled allow- 
ance which was provided by said person's 
accumulated normal contributions at the effec- 
tive date of his retirement. 

If the total of the actuarial equivalents by 
which the contributions required of the San 
Francisco Unified School District in any year are 
to be reduced, exceeds such contributions, the 
amount of the excess shall be carried over to 



subsequent fiscal years and applied to reduce 
such contributions for such years in chronologi- 
cal order. 

A8.514 SOCIAL SECURITY COVERAGE 

The board of supervisors may enact, by a vote 
of three-fourths of its members, an ordinance or 
ordinances prescribing the conditions according 
to which any and all employees of the San 
Francisco Unified School District and employees 
of the City and County of San Francisco, other 
than members of the fire and police department 
as defined in Section 8.560, may be covered 
under the Federal Old-Age and Survivors Dis- 
ability Insurance provisions of the Federal Social 
Security Act, subject to the provisions of this 
section. "City and County" as hereinafter used 
shall mean the City and County of San Francisco 
and the San Francisco Unified School District. 

(a) Any member of the San Francisco City 
and County Employees' Retirement System, here- 
inafter referred to as the system, who is or 
becomes covered by the Federal Old-Age and 
Survivors Disability Insurance provisions of the 
Federal Social Security Act, hereinafter referred 
to as the Act, shall continue to contribute to the 
system the normal contributions required of him, 
except that he shall have the right to reduce his 
normal contributions under the system at his 
option to be exercised by an election on the 
system's form, said election to be effective on the 
first day of the month next following its filing in 
the system's office. Such reduction of normal 
contributions shall apply only to time during 
which said member is covered under the Act, and 
after February 1, 1959, and the amount of said 
reduction, which may be changed from time to 
time by said member, in accordance with rules 
and regulations of the Retirement Board, shall 
not be more than the amount of said member's 
contribution under the Act. 

Any allowance payable to or on account of 
such member by the system shall be reduced on 
the effective date of said allowance by the actu- 
arial equivalent on that date of the normal 
contributions, including interest to said date, 
with which said member would have been but 
was not credited under the system because of 



397 



Appendix A; Employment Provisions 



A8.514 



said reduction in his normal contributions and 
because of amounts paid from such member's 
accumulated contributions for the retroactive 
period hereinafter provided for, and any continu- 
ation of said allowance shall be based on such 
reduced allowance but said allowance shall not 
be effected otherwise by the member's reduction 
of his normal contributions. Said member shall 
have the right to contribute amounts, which 
shall be administered as additional contribu- 
tions, to replace all or part of such reduction in 
his retirement allowance. 

(b) The reductions in allowances and contri- 
butions of members shall be made as provided in 
the foregoing paragraphs, notwithstanding any 
provisions in the charter to the contrary. 

(c) Every employee covered by the agree- 
ment providing coverage under the Act shall be 
liable for the employee contributions required by 
the Act. 

(d) The effective date of coverage under the 
Act may be made retroactive to such date as the 
boEird of supervisors may determine. 

Contributions required under the Act of each 
member for time included by the retroactive 
application shall be paid from such member's 
accumulated contributions held by the system on 
account of his compensation not in excess of the 
maximum compensation taxable under this Act 
for such retroactive time. If the required contri- 
butions under the Act exceed the member's ac- 
cumulated contributions held by the system so 
determined, the additional contributions under 
the Act equal to the excess shall be paid by the 
member. Contributions required under the Act of 
the employer on account of such retroactive 
period shall be paid from funds held by the 
system on account of active members and de- 
rived from contributions of the City and County. 

(e) Any member who is covered by Section 
210(1) of the Act on the effective date of the 
agreement between the state and federal govern- 
ment to extend coverage to the members of the 
system under the Act shall not be subject to this 
section unless he elect to be covered in accor- 
dance with this section, such election to be on a 
form furnished by the system and to be filed in 



the office of the system not later than 180 days 
after the effective date of such agreement. Such 
election shall be irrevocable. Such election shall 
fix the status of the member under such coverage 
as the same in all respects as if he had not been 
covered luider Section 210(1), except that there 
shall be no adjustment of the member's accumu- 
lated contributions or of the funds held by the 
system, and derived from contributions of the 
City and County, on account of social security tax 
for such retroactive period. 

Each member who enters the employ of the 
municipal railway after the effective date of the 
agreement between the state and federal govern- 
ment to extend coverage to other members of the 
system under the Act, shall be covered under the 
Act in accordance with the terms of this section 
and the ordinance or ordinances enacted pursu- 
ant thereto. 

(f) Provision shall be made for modification 
of the member's retirement allowances at his 
option, if he retires before he attains the mini- 
mum age of qualification for his primary benefit 
under the Act, in such manner that will make his 
increased monthly retirement allowance under 
the system prior to attainment of such age equal 
to the sum of his decreased monthly allowance 
after attainment of such age, and his primary 
benefit under the Act, upon the basis of an 
estimated primary benefit under the Act, subject 
to the requirement that the amounts of the 
increase and decrease in the monthly allowance 
shall be actuarially equivalent, and that the 
increase shall not be modified under an option 
provided by ordinance. 

(g) Words used in the masculine gender 
shall include the feminine and neuter genders, 
and singular numbers shall include the plural 
and the plural the singular. 

(h) The contribution rates of the City and 
County applicable to various membership under 
Section 8.509 shall be adjusted to rates deter- 
mined by the actuary according to methods stated 
in Section 8.509. 

(i) The board of supervisors shall submit to 
the eligible employees for purposes of referen- 
dum, as defined in the Act, the question as to 



A8.514 



San Francisco - Charter 



398 



whether they desire coverage under the Act in 
accordance with conditions prescribed in this 
section. 

(j) The powers of the board of supervisors 
granted in Section 8.500 shall include the author- 
ity to make such adjustments in the retirement 
system, by a vote of three-fourths of its members, 
as are not made by this section, but as required 
because of changes in the Act, to carry out the 
purposes of this section. 

A8.515 COMPENSATION INSURANCE 
PAYMENTS 

The benefit provisions of the workmen's com- 
pensation laws included in the Labor Code of the 
State of California, as they effect the benefits 
provided for or payable to or on account of 
officers and employees, including teachers of the 
City and County, shall be administered exclu- 
sively by the retirement board, provided that the 
retirement board shall determine whether the 
City and County, through the retirement system, 
shall assume the risks under the said law, in 
whole or in part, or whether it shall reinsure 
such risks, in whole or in part, with the state 
compensation insurance fund. Benefits under 
such risks as may be assumed by the City and 
County, and premiums under such risks as may 
be reinsured shall be paid by the retirement 
system, and an amount equal to the total of such 
benefits and premiums, as determined by the 
actuary for any fiscal year, including the deficit 
brought forward from previous years, shall be 
paid during such fiscal year to the retirement 
system by the City and County. 

Every patrol special police officer, as referred 
to in Section 8.509 of this charter shall be en- 
titled, under this section, to the benefits of such 
compensation law, if injured while performing 
regular City and County police duties, which 
shall include only duties performed while pre- 
venting the commission of a crime, or while 
apprehending the person or persons committing 
such crime, and shall not include duties of any 
character performed for private employers either 
on or off" the premises of such employers, pro- 
vided that no pajnnents shall be made luider this 



paragraph in the event that the patrol special 
officer shall receive the benefits of such compen- 
sation law from any other source. 

Whenever any member of the fire or police 
department, as defined in Sections 8.545, 8.565, 
and 8.569, respectively, is incapacitated for the 
performance of his duties by reason of any bodily 
injury received in or illness caused by the perfor- 
mance of his duty as determined by the retire- 
ment board, he shall become entitled, regardless 
of his period of service with the City and County, 
to disability benefits equal to and in lieu of his 
salary as fixed by the chsirter, while so disabled, 
for a period or periods not exceeding 12 months 
in the aggregate, with respect to any one injury 
or illness. Said disability benefits shall be re- 
duced in the manner fixed by the board of 
supervisors by the amount of any benefits other 
than medical benefits payable to such person 
under the Labor Code concurrently with said 
disability benefit, and because of the injury or 
illness resulting in said disability. Such disabil- 
ity benefits as are paid in the absence of pay- 
ments of any benefits other than medical ben- 
efits under the workmen's compensation laws 
included in said Labor Code, shall be considered 
as in lieu of such benefits, payable to such person 
under the said code concurrently with said dis- 
ability benefits, and shall be in satisfaction and 
discharge of the obligations of the City and 
County to pay such benefits under the Labor 
Code. Medical treatment which may become nec- 
essary to relieve or cure said member from the 
effects of the injury or illness shall be furnished 
by the City and County, in the same manner that 
such treatment is furnished under said Labor 
Code, but without first requiring continuing 
awards of such treatment by the Industrial Ac- 
cident Commission of the State of California, 
relating to impairments of permanent or of ex- 
tended and uncertain duration. The provisions of 
this paragraph shall be administered exclusively 
by the retirement board, and the City and County 
and unified school district and community col- 
lege district shall pay to the retirement system 
during each fiscal year, an amount equal to the 
total disability benefits paid by said system 
during the fiscal year and, pursuant to appli- 



399 



Appendix A: Employment Provisions 



A8.517 





cable provisions of the Administrative Code of 
the City and County, the unified school district 
and community college district shall pay to the 
retirement system during each fiscal year, a 
proportionate share of the costs of administering 
workers compensation benefits on behalf of em- 
ployees of said school and college districts. 

A member of the fire or police department 
shall receive credits as service, under the retire- 
ment system, for time during which he is inca- 
pacitated for performance of duty and receives 
said disability benefit. Contributions for the re- 
tirement system shall be deducted fi-om said 
benefits in the same manner as they would be 
deducted from salary paid to him, and the City 
and County shall contribute, in addition to its 
other contributions provided herein, to the retire- 
ment system on the basis of said benefits in the 
same manner as it would contribute on salary 
paid to said member. 

A8.516 DISABILITY BENEFITS 

Whenever any member of the police or fire 
department, as defined in Sections 8.586-1 and 
8.588-1, respectively, is incapacitated for the 
performance of his duties by reason of any bodily 
injury received in, or illness caused by, the per- 
formance of his duty, as determined by the re- 
tirement board, he shall become entitled with 
respect to any one injury or illness, regardless of 
his period of service with the City and County, to 
disability benefits equal to and in lieu of his 
salary, while so disabled, for a period or periods 
not exceeding 12 months in the aggregate, or 
until such earlier date as he is retired, whether 
for service or disability. 

Said disability benefit shall be reduced in the 
manner fixed by the board of supervisors by the 
amount of any benefits other than medical ben- 
efits payable to such person under the Labor 
Code concurrently with said disability benefit, 
and because of the injury or illness resulting in 
said disability. Such disability benefits as are 
paid in the absence of payments of any benefits 
other than medical benefits under the workers' 
compensation laws included in said Labor Code, 
shall be considered as in lieu of such benefits 
payable to such person under the said code 



concurrently with said disability benefits, and 
shall be in satisfaction and discharge of the 
obligations of the City and County to pay such 
benefits under the Labor Code. 

The provisions of this section shall be admin- 
istered exclusively by the retirement board, and 
the City and County shall pay to the retirement 
system during each fiscal year an amount equal 
to the total disability benefits paid by said sys- 
tem during that year. 

A member of the police or fire department 
shall receive credit as service, under the retire- 
ment system, for time during which he is inca- 
pacitated for performance of duty and receives 
said disability benefit; provided, however, that 
contributions for the retirement system shall be 
deducted from pa3anents of such disability ben- 
efits paid to him. The City and County shall 
contribute, in addition to its other contributions 
provided herein, to the retirement system on the 
basis of said benefits in the same manner as it 
would contribute on salary paid to said member. 

A8.517 ELIMINATION OF MANDATORY 
RETIREMENT 

Notwithstanding the provisions of Subsec- 
tion (b) of Section 8.509 and Section 8.584-2, 
members subject to said sections shall not be 
required to retire upon attainment of the age of 
65 years. Any member who attains the age of 65 
years with less than 10 years of credited service 
in the aggregate in the retirement system and 
who would have been subject to compulsory 
retirement upon the attainment of the age of 65 
years in the absence of the provisions of this 
Section 8.517 may elect to retire upon the first 
day of the month next following the month in 
which he or she attains the age of 65 years and 
receive the allowance he or she would have 
received if this Section 8.517 had not been in 
effect; provided, however, that any such member 
who elects not to so retire and continues as a 
member after the first day of the month next 
following his or her attainment of the age of 65 
years shall not be entitled to receive a service 
retirement allowance until completion of the 
years of credited service required by the provi- 



A8.517 



San Francisco - Charter 



400 



sions of said Subsection (b) of Section 8.509 or 
Section 8.584-2, as the case may be, in order to 
qualify for service retirement. 

The provisions of this Section 8.517 do not 
and shall not entitle any person retired under 
the retirement system to be re-employed. 

A8.518 HEARING OFFICER 

Notwithstanding the provisions of Section 
3.671, Subsection (c) of Section 8.509, Sections 
8.515, 8.516, 8.547, 8.548, 8.559-3, 8.559-4, 8.571, 
8.572, 8.584-3, 8.585-3, 8.585-4, 8.586-3, 8.586-4, 
8.588-3 or 8.588-4, any application for disability 
leave, disability retirement, or death allowance 
made pursuant to said subsection of said sec- 
tions of this charter shall be heard by a qualified 
and unbiased hearing officer employed under 
contract by the retirement board and selected by 
procedures set forth in the rules of the retire- 
ment board. The retirement board shall have the 
power to establish rules setting forth the quali- 
fications and selection procedure necessary to 
appoint a qualified and unbiased hearing officer. 

Following public hearing, the hearing officer 
shall determine whether such application shall 
be granted or denied. 

All expenses relating to processing and adju- 
dicating the above applications, including but 
not limited to the cost of hearing officer, legal, 
investigative, and court reporter services, shall 
be paid from the compensation fund. 

At any time within 30 days after the service 
of the hearing officer's decision, the applicant or 
any other affected party, including the retire- 
ment system, may petition the hearing officer for 
a rehearing upon one or more of the following 
grounds and no other: 

a. That the hearing officer acted without or 
in excess of his powers. 

b. That the decision was procured by fraud. 

c. That the evidence does not justify the 
decision. 

d. That the petitioner has discovered new 
evidence material to him, which he could not, 
with reasonable diligence, have discovered and 
produced at the hearing. 



Upon the expiration of 30 days after the 
petition for rehearing is denied, or if the petition 
is granted, upon the expiration of 30 days after 
the rendition of the decision or hearing, the 
decision of the hearing officer shall be final. Such 
final decision shall not be subject to amendment, 
modification or rescission by the retirement board, 
but shall be subject to review by the retirement 
board only for the purpose of determining whether 
to seek judicial review, and such final decision 
shall be deemed for all purposes to be the deci- 
sion of the retirement board. 

The provisions of this section shall become 
operative on October 1, 1980. 

A8.519 RETIREMENT SYSTEM CREDIT 
FOR REPRESENTATIVE SERVICE 

Notwithstanding any other provision of this 
charter, any member of the retirement system 
who is on leave of absence and serving on a full 
time basis as an employee representative for a 
recognized employee organization and represent- 
ing City and County employees, shall have the 
right to make contributions and obtain service 
credit with the retirement system subject to the 
terms of this section. 

For purposes of this section, compensation 
shall mean the remuneration paid in cash, as it 
may change from time to time, attached to the 
rank or position held by the member while on 
leave. For members whose pay hours are estab- 
lished by the choice of assignment, shift, or run 
based on seniority, compensations shall mean an 
amount computed by applying the current wage 
rate for such members as it may change from 
time to time, to the hours in the assignment, 
shift, or run held by the member immediately 
prior to the commencement of his or her leave. 

There shall be no cost to the City and County 
for representative service. The member shall be 
responsible for transmittal of all contributions 
which would ordinarily be paid by the member 
and the City and County. No service credit will 
be allowed unless and until all contributions are 
received by the retirement system. The organi- 
zation may agree to pay the employer contribu- 
tions which would ordinarily be paid by the City 



401 



Appendix A: Employment Provisions 



A8.520 



and County. The member shall pay the member 
contributions. If the organization does not pay 
the employer contributions the member must 
pay those contributions in order to obtain repre- 
sentative service credit. 

A member may receive credit for representa- 
tive service prior to January 1, 1988, pursuant to 
the preceding paragraph, when agreed by the 
member and the organization. 

The retirement board shall have the author- 
ity to establish procedures to calculate compen- 
sation and collect contributions plus interest for 
representative service. The calculation of com- 
pensation herein shall also be used in determin- 
ing the average final compensation in computing 
the member's retirement allowance. 

This section shall be effective January 1, 
1988. This section shall not apply to retirement 
system members or their successors in interest 
who retired or terminated prior to January 1, 
1988. This section shall not apply to representa- 
tive service prior to a member's effective date of 
membership with the retirement system. 

At the request of any City employee, who is a 
member of the State of California Public Employ- 
ees' Retirement System and who takes a leave of 
absence to serve on a full time basis as an 
employee representative for a recognized em- 
ployee organization representing City and County 
employees, the City shall, subject to the statutes 
and regulations of the Public Employees' Retire- 
ment System, submit to the Board of Adminis- 
tration of the Public Employees' Retirement Sys- 
tem proposed amendments to the contract between 
the City and County and that retirement system 
to allow such person to make contributions and 
obtain service credit during the leave of absence. 

The duty to submit proposed contract amend- 
ments shall be limited to amendments which 
shall not provide for or allow any cost to the City 
and County. 

A8.520 CONTINUOUS SERVICE 

(a) Continuous service shall be defined by 
the board of supervisors, but the absence prior to 
September 14, 1940, of any officer or employee of 
the City and County from service caused by 



reason of the service of such officer or employee 
in the military or naval forces of the United 
States in any war in which the United States has 
engaged, shall not be deemed to be absence from 
service for the purposes of the retirement system 
and such officer or employee shall receive credit 
under the retirement system, for the period of 
such absence, in the same manner as if he had 
not been absent. 

On and after September 14, 1940, a member 
is absent on military service when he is absent 
from City service by reason of: 

(1) service with the armed forces of the 
United States or the State of California; 

(2) service on ships operated by or for the 
United States government when such service is 
granted as "military leave" pursuant to section 
3.670 and 3.671 of the charter; 

(3) service connected with the war effort for 
which leaves of absence shall be authorized 
pursuant to Sections 3.670 and 3.671 of the 
charter; or 

(4) any other service, under an order of the 
government of the United States or the State of 
California, or by lawful order of any of the 
departments or offices of said governments, pro- 
vided that such absence in any of such services 
occurs: 

(A) either during a war involving the United 
States as a belligerent or in time of national 
emergency, declared by the President of the 
United States or by the Congress, and for such 
time thereafter as may be provided by rule of the 
civil service commission, but not to exceed two 
years after the proclamation of peace, except in 
case of disability incurred in line of duty with 
said armed forces or said ships when such dis- 
ability extends beyond such period; or 

(B) in time of peace if he is drafted for such 
services by the United States government or 
volunteers for such service while subject to such 
draft. 

For the purpose of this section a war involv- 
ing the United States as a belligerent exists: 

(1) whenever Congress has declared any 
war which has not been terminated by a truce, 
treaty of peace, or otherwise; 



A8.520 



San Francisco - Charter 



402 



(2) whenever the United States is engaged 
in active military operations against any foreign 
power, whether or not war has been formally 
declared; or 

(3) whenever the United States is assisting 
the United Nations, in actions involving the use 
of armed force, to maintain or restore interna- 
tional peace and security. 

(b) Any member so absent on military ser- 
vice may contribute to the retirement system 
during such absence, at times and in the manner 
prescribed by the board, amounts equal to the 
contributions which would have been made by 
him to the system on the basis of his compensa- 
tion earnable at the commencement of his ab- 
sence, if he had remained in City service. 

Any member who makes the contributions as 
provided in the preceding paragraph shall re- 
ceive credit for the absence as service in the 
manner as if he had not been absent. If, however, 
a member does not affirmatively exercise the 
option herein provided, or if he exercised it 
affirmatively and defaults in any of the contri- 
butions due to the retirement system under said 
election, and in either event if such contributions 
are not made for him, he shall be considered 
absent during the period for which no contribu- 
tions are made, and he shall not receive credit as 
service for the City and County for such period; 
but the absence during such period shall not 
break the continuity of such service required of 
such member to entitle him to a retirement 
allowance, as provided under the retirement 
system. 

Any member who was absent on military 
service and who did not make the contributions 
as provided in this section, and whose contribu- 
tions are not paid for him by the City and County 
as provided herein, may make such contribu- 
tions upon his return to City service at times and 
in the manner prescribed by the board. If he does 
so contribute, he shall receive credit for the 
absence as service in the same manner as if he 
had not been absent. 

When a member makes the contributions as 
provided herein, the same contributions shall be 
made by the City and County, in respect to such 



absence, that would have been made if the mem- 
ber had not been absent on military service, 
except that such contributions shall be deter- 
mined by the employer's rate of contribution in 
effect when such contributions are made, and on 
the basis of his compensation earnable at the 
commencement of his absence. 

(c) Notwithstanding other provisions of this 
charter to the contrary, the City and County 
shall contribute for each member of this system 
who was absent on military service after Septem- 
ber 14, 1940, amounts equal to the contribution 
which would have been made by such member 
and the City and County of San Francisco on the 
basis of his compensation earaable at the com- 
mencement of his absence, provided that the 
member's base pay in such military service is 
less than $100 per month, and provided, further: 

(1) that if the absence in military service 
was by reason of service in the armed forces of 
the United States; 

(2) that the absence began on or after June 
25, 1950; and 

(3) that the member's base pay in such 
service was less than $250 per month, the City 
and County shall pay the contributions which 
would have been made by both the member and 
the City and County on the basis of his compen- 
sation earnable at the commencement of his 
absence. Contributions made by the City and 
County, in lieu of contributions which otherwise 
would be required of the member, shall be ad- 
ministered as if made by said member as normal 
contributions. Any such member who exercises 
or did exercise the right to contribute to the 
system during the period of absence on military 
service, and whose contributions otherwise would 
be paid by the City and County under this 
section, shall have his contributions plus cred- 
ited interest, refunded. 

(d) Absence commencing on or after Decem- 
ber 7, 1941, of any member of the retirement 
system from City service caused by reason of his 
evacuation or exclusion from the City and County 
by an authorized military commander because 
such member was of Japanese ancestry shall not 
be deemed to be absent from service for purposes 



403 



Appendix A: Employment Provisions 



A8.521 



of the retirement system, for the period of such 
absence, provided that he returned to City ser- 
vice within one year after the termination of his 
evacuation or exclusion, and provided further 
that upon his return to City service, and at times 
and in the manner prescribed by the retirement 
board, he elects to contribute to the retirement 
system amounts equal to the contributions which 
would have been made by him to the system on 
the basis of his compensation eamable at the 
commencement of his absence, if he had re- 
mained in City service. 

Any member who makes the contributions as 
provided in the preceding paragraph shall re- 
ceive credit under the retirement system for the 
absence as service in the same manner as if he 
had not been absent. If, however, a member does 
not affirmatively elect to make such contribu- 
tions as herein provided, or if he affirmatively 
elects to make such contributions and defaults in 
any of the contributions due to the retirement 
system as herein provided, he shall be consid- 
ered absent during the period for which no 
contributions are made, and he shall not receive 
credit in the retirement system as service for the 
City and County for such period; but the absence 
during such period shall not break the continuity 
of such service required of such member to 
entitle him to a retirement allowance as pro- 
vided under the retirement system. 

When a member makes the contributions as 
provided herein, the same contributions shall be 
made by the City and County in respect to such 
absence that would have been made by the City 
and County if the member had not been absent 
because of such evacuation or exclusion, except 
that such contributions shall be determined by 
the employer's rate of contribution in effect when 
such contributions are made, and on the basis of 
his compensation eamable at the commence- 
ment of his absence. 

(e) Notwithstanding any other provision of 
this charter, any member who entered military 
service from a position with the Market Street 
Railway Company, was absent on such military 
service on September 29, 1944, and thereafter 
commenced employment with the Municipal Rail- 



way of the City and County of San Francisco 
within one year after his discharge from such 
military service, shall have the right to elect to 
make contributions as provided in this section 
and to receive credit in this system as City 
service for all or any part of the time on and after 
September 29, 1944, during which he was in 
such military service. 

Any member who elects, pursuant to this 
section, to make contributions and to receive 
credit for such time, shall contribute to the 
Retirement System an amount determined by 
applying the rate of contribution first applicable 
to him on the effective date of his membership in 
the Retirement System to the monthly compen- 
sation eamable by him on said date, together 
with interest on said amount at the rate of 
interest being used from time to time under the 
retirement system. 

The board of supervisors shall provide by 
ordinance the time and manner for making said 
contributions and for the crediting of such ser- 
vice as City service. 

A8.521 CREDIT FOR CERTAIN 
MILITARY SERVICE 

Notwithstanding any other provisions of this 
charter, any member who was serving in the 
armed forces of the United States or the State of 
California during the time of war or any emer- 
gency lawfully declared by the President of the 
United States, who had standing on an eligible 
list for appointment to a permanent position and 
was reached for certification to a permanent 
position while so serving, shall have the right to 
elect to make contributions as provided in this 
section and to receive credit in this system as 
City service for all or any part of the time after 
he was so reached during which he was so 
serving; provided, however, that no member shall 
have such right unless he entered into employ- 
ment with the City and County as a result of 
such certification made in accordance with the 
provisions of Section 8.361 of the charter within 
one year after his discharge from such armed 
forces. 



A8.521 



San Francisco - Charter 



404 



Any member who elects, pursuant to this 
section, to make contributions and receive credit 
for such time, shall contribute to the retirement 
system an amount determined by appljdng the 
rate of contribution first applicable to him on the 
effective date of his membership in the retire- 
ment system to the monthly compensation eam- 
able by him on said date, together with interest 
on said amount at the rates of interest being 
used from time to time under the retirement 
system. 

The board of supervisors shall provide by 
ordinance the time and manner for making said 
contributions and for the crediting of such ser- 
vice as service credit. 

A8.522 EARLY RETIREMENT BENEFITS 

A8.522-1 EARLY RETIREMENT 
BENEFITS 

Under this section, certain employees may 
become eligible to receive early retirement ben- 
efits. These early retirement benefits shall only 
apply to members who are certified under sec- 
tion A8. 401 and who retire with an effective date 
of retirement within the time limit established 
by the notice in Section A8. 401-6. As used in this 
section, the term "early retirement benefits" means 
increasing an eligible employee's age and cred- 
ited service for both qualification and benefit 
computation purposes by three (3) years but 
shall not apply to the disability or vesting benefit 
provisions or computations under Charter Sec- 
tions A8.509(c), A8.509(f), A8.587-3 and A8.587-6. 
Early retirement benefits are available to mem- 
bers under Charter Sections A8.509 and A8.587, 
subject to any limitations in those sections, and 
also subject to the limits in Section A8.401 and 
herein but, are not available to members covered 
by Charter sections A8.559, A8.585, A8.586, 
A8.588, A8.595, A8.596, A8.597 or A8.598 or 
other Charter sections. (Added November 2003) 

A8.522-2 RECALCULATION/EFFECTIVE 
DATE OF RETIREMENT 

Any employee who separated from employ- 
ment due to layoff between March 1, 2003 and 
June 30, 2005, and is later determined to be 



eligible for early retirement benefits, may have 
his or her retirement allowance recalculated as 
of his or her date of retirement. Any employee 
who separated from employment due to layoff 
between March 1, 2003 and June 30, 2005, but 
did not retire, and who is later determined to be 
eligible for early retirement benefits, may retire 
after notice in Section A8. 401-6 but no earlier 
than the first day of the month in which he or she 
applies for retirement. Any such employee who 
withdrew his or her accumulated contributions 
shall redeposit in the retirement fund the amount, 
plus interest, refunded to him or her. (Added 
November 2003) 

A8.522-3 RETURN TO SERVICE 

Any employee who retires under any early 
retirement program and later reenters City and 
County service as a member of the retirement 
system shall forfeit any service or age credit 
received under the early retirement program. 
(Added November 2003) 

A8.522-5 COMPLIANCE WITH TAX LAWS 

The early retirement benefits under this sec- 
tion will be limited by Section 415 of the Internal 
Revenue Code of 1986, as amended from time to 
time, and no early retirement benefits under this 
section will be effective if they have an adverse 
effect on the tax qualified status of the retire- 
ment system under Section 401 of the Internal 
Revenue Code of 1986, as amended from time to 
time. (Added November 2003) 

A8.525 CONTRIBUTIONS TO 
RETIREMENT FUND 

The City and County shall contribute jointly 
with the members of the retirement system to 
meet the liabilities accruing under the system 
because of service rendered to the City and 
County by persons after becoming members of 
the system. Members of the system shall contrib- 
ute not to exceed 10 percent of their salaries or 
wages, provided that members may, at their 
option, elect to contribute at rates in addition to 
those fixed as normal by the retirement board. 
The City and County shall contribute an amount 
equal to normal contributions of members as 



405 



Appendix A: Employment Provisions 



A8.526 




provided for in the preceding sentence, but the 
City and County shall not contribute any amount 
because of additional contributions by members. 

A8.526 COST OF LIVING ADJUSTMENT 
IN ALLOWANCES 

(a) Each retirement or death allowance which 
is not subject to change when the salary rate of 
any member is changed and which is payable to 
or on account of any member who has retired or 
died prior to July 1, 1967, except such allowances 
payable to or on account of persons who retired 
or died prior to July 1, 1947, as members under 
Section 8.507, but including death allowances 
payable under Section 8.561 which are not sub- 
ject to change when the salary rate of any 
member is changed, shall be increased for time 
on and after July 1, 1968, by the percentage set 
forth in the following table opposite the fiscal 
year in which said allowance became effective, 
said percentage to be applied to the allowance 
payable to the individual who was receiving the 
allowance on July 1, 1968, (a) exclusive of the 
annuity provided by additional contributions and 
(b) prior to reduction pursuant to Subsection (a) 
of Section 8.514: 

Fiscal year in which 

allowance became 

effective Percentage 

All years prior to July 1, 1959 16% 

July 1, 1959 to June 30, 1960 14% 

July 1, 1960 to June 30, 1961 12% 

July 1, 1961 to June 30, 1962 10% 

July 1, 1962 to June 30, 1963 8% 

July 1, 1963 to June 30, 1964 6% 

July 1, 1964 to June 30, 1965 4% 

July 1, 1965 to June 30, 1966 2% 

July 1, 1966 to June 30, 1967 1% 

(1) Funds, necessary for the pajmtient of 
such increases in allowances payable to, or on 
account of, members who retired or died as 
members under charter Sections 8.507 or 8.509, 



shall be provided from the City's accumulated 
contributions held by the system on account of 
miscellaneous members under Section 8.509. 

(2) Funds, necessary for the pa3mient of 
such increases in allowances to, or on account of, 
members who retired or died as members under 
charter Sections 8.543 or 8.544, shall be provided 
from the City's accumulated contributions held 
by the system on account of police members 
under Section 8.544. 

(3) Funds, necessary for the pajnnent of 
such increases in allowances to, or on account of, 
members who retired or died as members under 
charter Sections 8.567 or 8.568, shall be provided 
from the City's accumulated contributions held 
by the system on account of fire members under 
Section 8.568. 

The necessary funds shall be transferred on 
the effective date of this section from said accu- 
mulated contributions to the accumulated con- 
tributions held by the system to meet the obliga- 
tions of the City and County on account of 
benefits that have been granted and which are 
based on services rendered as members. The 
contribution being required of the City and County 
currently, as percentages of salaries of persons 
who are members under Sections 8.509, 8.544 
and 8.568, shall be increased to percentages 
determined by the actuary as necessary to re- 
place the accumulated contributions so trans- 
ferred. 

(b) (1) The retirement board shall deter- 
mine, prior to April 1 of each year, the percentage 
of increase or decrease in the cost of living during 
the preceding calendar year or years, as shown 
by the then current Consumer Price Index, All 
Items, San Francisco (1957-59=100), issued by 
the U.S. Bureau of Labor Statistics and pub- 
lished in the Monthly Labor Review or a succes- 
sor publication. The cost of living adjustments as 
hereinafter provided shall be based on the per- 
centage of such increase or decrease. 

(2) Notwithstanding any other charter or 
ordinance provision governing the retirement 
system, every retirement or death allowance 
payable to, or on account of, any member who 
retires or dies as a member of the system or who 



A8.526 



San Francisco - Charter 



406 



has retired or died as such a member, except 
allowances subject to change when the salary 
rate of any member is changed, shall be in- 
creased or decreased as of July 1, 1969, and on 
July 1, of each succeeding year, subject to the 
provisions of this Subsection (b), by a percentage 
of the allowance established on July 1, 1968, 
after any increase under Subsection (a) of this 
section or on the effective date of such allowance, 
whichever is later, as payable to the individual 
who is receiving the allowance on the date of any 
such adjustment (a) exclusive of the annuity 
provided by additional contributions, and prior 
to modification pursuant to Subsection (f) of 
Section 8.514. On July 1, 1969, the percentage of 
increase in each such allowance shall be the 
percentage which is determined by the retire- 
ment board to approximate to the nearest one 
percent, the percentage of increase in the cost of 
living during the preceding calendar year. On 
July 1, 1970, and on July 1 of each succeeding 
year, the percentage of increase or decrease in 
each such allowance shall be the percentage 
which is determined by the retirement board to 
approximate to the nearest one percent of in- 
crease or decrease in the cost of living in the 
calendar year or years since January 1, 1969, or 
since January 1 of the year in which the last such 
cost of living adjustment in allowances was made, 
whichever is later. Such adjustment in any year 
shall not exceed two percent of such allowance; 
provided, however, that no allowance shall be 
reduced below the amount being received by the 
member or his beneficiary on July 1, 1968, or on 
the effective date he began to receive the allow- 
ance, whichever is later. 

(3) Commencing with the calendar year 1982, 
if the percentage of increase or decrease in the 
cost of living in any calendar year, as determined 
to the nearest one percent by the retirement 
board, were to exceed two percent as compared 
with the cost of living in the next preceding 
calendar year, the percentage of increase or 
decrease in the cost of living in excess of two 
percent, shall be accumulated to provide in- 
creases or decreases in the cost of living in each 
succeeding calendar year. 



(4) Any such increase in allowances which 
are not funded by such allocations of such earn- 
ings, shall be funded by contributions of mem- 
bers under Sections 8.507, 8.509, 8.544, 8.568, 
8.584, 8.586 and 8.588, and by contributions of 
the City, which shall be at rates which are in 
addition to the rates of contribution otherwise 
provided by charter or ordinance, provided that a 
member's rate of contribution shall not exceed 
one-half of one percent of his monthly compen- 
sation. The contributions made under this sec- 
tion by any member, shall be credited together 
with regular interest thereon to his individual 
account and shall be subject to the same charter 
and ordinance provisions relating to accumu- 
lated contributions of the member, including 
withdrawal and death benefits other than death 
allowances, provided, however, that upon his 
retirement or death, such accumulated contribu- 
tions and interest shall not be applied to provide 
a part of the retirement benefits payable to him 
or the death allowance benefits payable on ac- 
count of his death otherwise provided by charter 
or ordinance, but instead shall be held, together 
with the accumulated contributions made by the 
City pursuant to this Subsection (b), with inter- 
est thereon, to provide the benefits under this 
Subsection (b). 

(5) The rates of contribution of members 
and the City, as provided herein, shall be fixed by 
the retirement board from time to time as it 
determines necessary. 

A8.526-1 SUPPLEMENTAL COST OF 
LIVING BENEFIT 

Starting on July 1, 1997, the Retirement 
Board shall establish in the Retirement Fund a 
Reserve Account. Funds in this Reserve Account 
shall be used to provide supplemental cost of 
living benefit adjustments to retirement allow- 
ances in addition to cost of living adjustments 
now provided for in the Charter. Funds placed in 
this Reserve Account shall consist of all earnings 
of the Retirement Fund in the previous fiscal 
year which are in excess of the expected earnings 
on the actuarial value of the assets. The expected 
earnings are the earnings projected by the actu- 
arial assinnption for return on assets that was in 



407 



Appendix A: Employment Provisions 



A8.530 



place for that fiscal year. The maximum amount 
of funds to be placed in this Reserve Account 
shall not exceed the amount of funds projected to 
be necessary to fund benefits provided pursuant 
to this section for that fiscal year and the follow- 
ing two fiscal years. 

The funds in this Reserve Account shall be 
used solely to provide supplemental cost of living 
benefit adjustments as follows: 

(a) On July 1, 1997 and July 1 of each 
succeeding year, if there are sufficient funds in 
this Reserve Account, each retirement allowance 
or death allowance payable on account of a 
member who died, including retirement allow- 
ances subject to change when the salary rate of a 
member is changed, shall be increased by an 
amount equal to three percent (3%) of the allow- 
ance, less the amount of any cost of living adjust- 
ment provided pursuant to Section 8.526 and 
less the amount of any cost of living adjustment, 
payable in that fiscal year, which is the result of 
a change in the salary of the member. 

(b) On July 1, 1997, if there are sufficient 
funds in this Reserve Account, each retirement 
allowance payable to or account of a member 
who was retired on or before December 31, 1979 
as a member under Sections 8.507 or 8.509 or 
8.584 shall be increased by a monthly amount 
equal to $3 for each complete year of retirement. 
In computing years of retirement, the Retire- 
ment System shall count completed fiscal years 
between the member's effective date of retire- 
ment and June 30, 1997. 

(c) On and after June 30, 2003, any supple- 
mental cost of living benefit adjustment, once 
paid to a member, shall not be reduced thereaf- 
ter. 

(d) On and after June 30, 2003, the Reserve 
Account set forth in this section shall be used to 
finance only the increase in the supplemental 
cost of living benefit adjustments for the next 
ensuing fiscal year as set forth in section (a). If 
there are insufficient funds in the Reserve Ac- 
count to pay the increase in the supplemental 
cost of living benefit adjustments for the next 
ensuing fiscal year, then the increase in the 
supplemental cost of living benefit adjustments 



for that fiscal year shall not be paid. However, 
any excess earnings as defined in this section 
shall be accumulated until an amount sufficient 
to make one fiscal year's increase in the supple- 
mental cost of living benefit adjustments is 
reached. (Added November 1996; amended March 
2002) 

A8.527 COMMUNITY PROPERTY 
RIGHTS 

Subject to the vested rights rule, the board of 
supervisors is empowered to enact, by a vote of 
three- fourths of its members, ordinances to 
amend the provisions of the retirement system to 
conform with the community property provisions 
of Civil Code Sections 4800 and 4800.8, provided 
that the board of supervisors shall first secure, 
through the retirement board, an actuarial re- 
port of the cost and effect of any such change and 
provided further that any such ordinances shall 
not increase overall retirement system benefits 
costs. 

A8.530 RETIREMENT- 
MISCELLANEOUS OFFICERS AND 
EMPLOYEES PRIOR TO JULY 1, 1947 

Every retirement allowance payable by the 
San Francisco City and County Employees' Re- 
tirement System, for time commencing on Janu- 
ary 1, 1950, to or on account of any person who 
was retired prior to July 1, 1947, as a member of 
said system under Section 8.507, is hereby in- 
creased by the amount of $25 per month, pro- 
vided such member was entitled to be credited 
under the retirement system with at least 20 
years of service upon which the retirement al- 
lowance was determined at retirement. If the 
member was entitled to be credited with less 
than 20 years of such service, then said monthly 
increase shall be an amount which shall bear the 
same ratio to $25 that the service with which the 
member was entitled to be credited at effective 
date of retirement, bears to 20 years. This sec- 
tion does not give any member retired prior to 
January 1, 1950 or his successors in interest, any 
claim against the City and County for any in- 
crease in any retirement allowance paid or pay- 
able for any time prior to January 1, 1950. If a 



A8.530 



San Francisco - Charter 



408 



member elected at retirement to have his retire- 
ment allowance modified under Options 2 or 3, 
provided by ordinance, and if his beneficiary is 
living on January 1, 1950, the increase in his 
allowance shall be modified under the option 
elected at retirement, and on the basis of current 
ages, mortality tables and interest rate. If the 
beneficiary of such a person who elected at 
retirement to have his allowance modified under 
one of said options, is not living on January 1, 
1950, or if the retired member is not living on 
January 1, 1950, and the beneficiary is receiving 
the modified retirement allowance, then the al- 
lowance shall be increased as provided herein for 
persons who did not elect an option. 

The increase in the retirement allowance 
shall be apportioned between service rendered 
prior to the entry of the member into the retire- 
ment system and service rendered as a member, 
in the same proportion that such prior and 
current service respectively, bears to the total 
service credited at retirement. Contributions to 
the retirement system, necessary for the pay- 
ment of the increases in the retirement allow- 
ances provided in this section, shall be provided, 
with respect to the portion of the benefit based 
on service rendered as members, from the re- 
serves held by the retirement system on account 
of miscellaneous members, the necessary amount 
being transferred upon January 1, 1950, from 
said reserves to the reserves held by the retire- 
ment system to meet the obligations, on account 
of benefits that have been granted and on ac- 
count of prior service of members. The contribu- 
tion being required of the City currently, as 
percentages of salaries of persons who are mem- 
bers under Section 8.509, shall be increased to 
percentages determined by the actuary as neces- 
sary to replace the reserves so transferred. Con- 
tributions to the retirement system, necessary 
for the pajrment of said increases with reference 
to prior service, shall be paid to the system by 
the City and County by annual appropriations, 
provided that such appropriation for any year 
shall not be less than the amount disbursed 
during that year on account of said increases. 



A8.531 ESrCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
PRIOR TO JULY 1, 1947 

Every retirement allowance payable by the 
San Francisco City and County Employees' Re- 
tirement System, for time commencing on Feb- 
ruary 1, 1953, to or on account of any person who 
was retired prior to July 1, 1947, as a member of 
said system under Section 165 of the charter of 
1932, as amended, is hereby increased by the 
amount of $25 per month, provided such member 
was entitled to be credited under the retirement 
system with at least 20 years of service upon 
which the retirement allowance was determined 
at retirement. If the member was entitled to be 
credited with less than 20 years of such service, 
then said monthly increase shall be an amount 
which shall bear the same ratio to $25 that the 
service with which the member was entitled to 
be credited at effective date of retirement, bears 
to 20 years. This section does not give any 
member retired prior to February 1, 1953, or his 
successors in interest, any claim against the City 
and County for any increase in any retirement 
allowance paid or payable for time prior to Feb- 
ruary 1, 1953. If a member elected at retirement 
to have his retirement allowance modified under 
Options 2 or 3, provided by ordinance, and if his 
beneficiary is living on February 1, 1953, the 
increase in his allowance shall be modified under 
the option elected at retirement, and on the basis 
of current ages, mortality tables and interest 
rate. If the beneficiary of such a person who 
elected at retirement to have his allowance modi- 
fied under one of said options is not living on 
February 1, 1953, or if the retired member is not 
living on February 1, 1953, and the beneficiary is 
receiving the modified retirement allowance, then 
the allowance shall be increased as provided 
herein for persons who did not elect an option. 

The increase in the retirement allowance 
shall be apportioned between service rendered 
prior to the entry of the member into the retire- 
ment system and service rendered as a member, 
in the same proportion that such prior and 
current service respectively, bears to the total 
service credited at retirement. Contributions to 



409 



Appendix A: Employment Provisions 



A8.532 



the retirement system necessary for the pay- 
ment of the increase in the retirement allow- 
ances provided in this section, shall be provided, 
with respect to the portion of the benefit based 
on service rendered as members, from the re- 
serves held by the retirement system on account 
of miscellaneous members, the necessary amount 
being transferred upon February 1, 1953, from 
said reserves to the reserves held by the retire- 
ment system to meet the obligations on account 
of benefits that have been granted and on ac- 
count of prior service of members. The contribu- 
tion being required of the City currently, as 
percentages of salaries of persons who are mem- 
bers under Section 8.509, shall be increased to 
percentages determined by the actuary as neces- 
sary to replace the reserves so transferred. Con- 
tributions to the retirement system necessary for 
the pajonent of said increases with reference to 
prior service, shall be paid to the system by the 
City and County by annual appropriations, pro- 
vided that such appropriation for any year shall 
not be less than the amount disbursed during 
that year on account of said increases. 

A8.532 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
PRIOR TO JULY 1, 1952 

Every retirement allowance payable by the 
San Francisco City and County Employees' Re- 
tirement System, for time commencing on April 
1, 1956, to or on account of any person who has 
retired prior to July 1, 1952, as a member of said 
system under Section 165 of the Charter of 1932, 
as amended, is hereby increased by the amount 
of $25 per month, provided such member was 
entitled to be credited under the retirement 
system with at least 20 years of service upon 
which the retirement allowance was determined 
at retirement. If the member was entitled to be 
credited with less than 20 years of such service, 
then said monthly increase shall be an amount 
which shall bear the same ratio to $25 that the 
service with which the member was entitled to 
be credited at effective date of retirement, bears 
to 20 years. This section does not give any 
member retired prior to April 1, 1956, or his 



successors in interest, any claim against the City 
and County for any increase in any retirement 
allowances paid or payable for time prior to April 
1, 1956. If a member elected at retirement to 
have his retirement allowance modified under 
Option 2 or 3, provided by ordinance, and if the 
member and his beneficiary are living on April 1, 
1956, the increase in the allowance shall be 
modified under the option elected at retirement, 
and on the basis of current ages, mortality tables 
and interest rate. If the beneficiary of such a 
person who elected at retirement to have his 
allowance modified under one of said options is 
not living on April 1, 1956, or if the retired 
member is not living on April 1, 1956, and the 
beneficiary is receiving the modified retirement 
allowance, then the allowance shall be increased 
as provided herein for persons who did not elect 
an option. 

The increase in the retirement allowance 
shall be apportioned between service rendered 
prior to the entry of the member into the retire- 
ment system and service rendered as a member, 
in the same proportion that such prior and 
current service respectively, bears to the total 
service credited at retirement. Contributions to 
the retirement system necessary for the pay- 
ment of the increases in the retirement allow- 
ances provided in this section, shall be provided, 
with respect to the portion of the benefit based 
on service rendered as members, from the re- 
serves held by the retirement system on account 
of miscellaneous members, the necessary amount 
being transferred upon April 1, 1956, from said 
reserves to the reserves held by the retirement 
system to meet th0 obligations on account of 
benefits that have been granted and on account 
of prior service of members. The contribution 
being required of the City currently, as percent- 
ages of salaries of persons who are members 
under Section 8.509 shall be increased to per- 
centages determined by the actuary as necessary 
to replace the reserves so transferred. Contribu- 
tions to the retirement system necessary for the 
pa5Tiient of said increases with reference to prior 
service, shall be paid to the system by the City 
and County by annual appropriations, provided 



A8.532 



San Francisco - Charter 



410 



that such appropriation for any year shall not be 
less than the amount disbursed during that year 
on account of said increases. 

A8.533 mCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
PRIOR TO JULY 1, 1947 

Every retirement allowance payable by the 
San Francisco City and County Employees' Re- 
tirement System, for time commencing on March 
1, 1964, to or on account of any person who was 
retired prior to July 1, 1947, as a member of said 
system under Section 8.507, formerly Section 
165 of the charter of 1932, as amended, is hereby 
increased by the amount of $25 per month, 
provided such member was entitled to be cred- 
ited under the retirement system with at least 20 
years of service upon which the retirement al- 
lowance was determined at retirement. If the 
member was entitled to be credited with less 
than 20 years of service, then said monthly 
increase shall be an amount which shall bear the 
same ratio to $25, that the service with which 
the member was entitled to be credited at the 
effective date of his retirement, bears to 20 
years. This section does not give any member 
retired prior to March 1, 1964, or his successor in 
interest, any claim against the City and County 
for any increase in any retirement allowance 
paid or payable for the time prior to March 1, 
1964. If a member elected at retirement to have 
his retirement allowance modified under Op- 
tions 2 or 3, provided by ordinance, and if both he 
and his beneficiary are living on March 1, 1964, 
the increase in his allowance shall be modified 
under the option elected at retirement, and on 
the basis of current ages, mortality tables and 
interest rates. If the beneficiary of such a person 
who elected at retirement to have his allowance 
under one of said options is not living on March 
1, 1964, or if the retired member is not living on 
March 1, 1964, and the beneficiary is receiving 
the modified retirement allowance, then the al- 
lowance shall be increased as provided herein for 
persons who did not elect an option. 

The increase in the retirement allowance 
shall be apportioned between service rendered 



prior to the entry of the member into the retire- 
ment system, and service rendered as a member, 
in the same proportion that such prior and 
current service respectively, bears to the total 
service credited at retirement. Contributions to 
the retirement system necessary for the pay- 
ment of the increases in the retirement allow- 
ances provided in this section, shall be provided, 
with respect to the portion of the benefit based 
on service rendered as members, from the re- 
serves held by the retirement system on accoimt 
of miscellaneous members, the necessary amount 
being transferred upon March 1, 1964, from said 
reserves to the reserves held by the retirement 
system to meet the obligations on account of 
benefits that have been granted and on account 
of prior service of members. 

The contribution being required of the City 
currently, as percentages of salaries of persons 
who are members under Section 8.509 shall be 
increased to percentages determined by the ac- 
tuary as necessary to replace the reserves so 
transferred. Contributions to the retirement sys- 
tem necessary for the payment of said increases 
with references to prior services, shall be paid to 
the system by the City and County by annual 
appropriations, provided that such appropria- 
tion for any year shall not be less than the 
amount disbursed during that year on account of 
said increases. 

A8.534 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
PRIOR TO JULY 2, 1952 

Every retirement allowance payable by the 
San Francisco City and County Employees' Re- 
tirement System, from time commencing on Feb- 
ruary 1, 1957, to or on account of any person who 
was retired prior to July 2, 1952, as a member of 
said system under Section 8.509 formerly Sec- 
tion 165.2 of the charter of 1932, as amended, 
and to or on account of any person who was 
retired prior to July 2, 1952, but not prior to July 
1, 1952, as a member of said system under 
Section 8.507, formerly Section 165 of the char- 
ter of 1932, as amended, is hereby increased by 
the amount of $25 per month, provided such 



411 



Appendix A: Employment Provisions 



A8.535 



member was entitled to be credited under the 
retirement system with at least 20 years of 
service upon which the retirement allowance 
was determined at retirement. If the member 
was entitled to be credited with less than 20 
years of such service, then said monthly increase 
shall be an amount which shall bear the same 
ratio to $25 that the service with which the 
member was entitled to be credited at effective 
date of retirement, bears to 20 years. This sec- 
tion does not give any member retired prior to 
February 1, 1957, or his successors in interest, 
any claim against the City and County for any 
increase in any retirement allowance paid or 
payable for time prior to February 1, 1957. If a 
member elected at retirement to have his retire- 
ment allowance modified under Option 2 or 3, 
provided by ordinance, and if the member and 
his beneficiary are living on February 1, 1957, 
the increase in the allowance shall be modified 
under the option elected at retirement, and on 
the basis of current ages, mortality tables and 
interest rate. If the beneficiary of such a person 
who elected at retirement to have his allowance 
modified under one of said options is not living 
on February 1, 1957, or if the retired member is 
not living on February 1, 1957, and the benefi- 
ciary is receiving the modified retirement allow- 
ance, then the allowance shall be increased as 
provided herein for persons who did not elect an 
option. 

The increase in the retirement allowance 
shall be apportioned between service rendered 
prior to the entry of the member into the retire- 
ment system and service rendered as a member, 
in the same proportion that such prior and 
current service respectively, bears to the total 
service credited at retirement. Contributions to 
the retirement system necessary for the pay- 
ment of the increases in the retirement allow- 
ances provided in this section, shall be provided, 
with respect to the portion of the benefit based 
on service rendered as members, from the re- 
serves held by the retirement system on account 
of miscellaneous members, the necessary amount 
being transferred upon Febniary 1, 1957, from 
said reserves to the reserves held by the retire- 
ment system to meet the obligations of the City 



and County on account of benefits that have been 
granted and on account of prior service of mem- 
bers. The contribution being required of the City 
and County currently as percentages of salaries 
of persons who are members under Section 8.509, 
shall be increased to percentages determined by 
the actuary as necessary to replace the reserves 
so transferred. Contributions to the retirement 
system necessary for the pajnnent of said in- 
creases with references to prior service, shall be 
paid to the system by the City and County by 
annual appropriations, provided that such appro- 
priation for any year shall not be less than the 
amount disbursed during that year on account of 
said increases. 

A8.535 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
ON OR AFTER JULY 1, 1947, AND PRIOR 
TO APRIL 1, 1966 

Every retirement allowance payable to or on 
account of a member who retired under the 
provisions of Section 8.509 (formerly Section 
165.2 of the charter of 1932) on or after July 1, 
1947, and prior to April 1, 1966, is hereby in- 
creased for time commencing on the effective 
date of this section, hereby designated as the 
first day of the month next following ratification 
by the State Legislature, to the amount it would 
have been if such allowance had been computed, 
on the date such member's retirement allowance 
was first effective, as if "average final compen- 
sation" were defined as the average monthly 
compensation earned by a member during any 
three consecutive years of credited service in the 
retirement system in which his average compen- 
sation is the highest. 

This section does not give any person retired 
under the provisions of said Section 8.509, or his 
successors in interest, any claim against the City 
and County for any increase in any retirement 
allowance paid or payable for time prior to the 
effective date of this section. 

Any increase in any retirement allowance 
resulting from the calculation provided in this 
section shall be disregarded in connection with 



A8.535 



San Francisco - Charter 



412 



any adjustment of retirement allowances pursu- 
ant to the provisions of Section 8.526 (formerly 
Section 164.1 of the charter of 1932). 

A8.536 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
ON OR AFTER JULY 1, 1947, AND PRIOR 
TO JULY 1, 1974 

(a) Every retirement allowance payable to 
or on account of a member who retired, for 
service under the provisions of Subsection (b) of 
Section 8.509 of this charter on or after July 1, 
1947, and prior to July 1, 1974, after having 
attained the age of 60 years, is hereby increased 
for time commencing on July 1, 1974, to the 
amount it would have been if such allowances 
had been computed, on the date such retirement 
allowance was first effective, on the basis of two 
percent of such member's average final compen- 
sation for each year of credited service. 

(b) Every retirement allowance payable to 
or on account of a member who retired, for 
service under the provisions of Subsection (b) of 
Section 8.509 of this charter on or after July 1, 
1947, and prior to July 1, 1974, prior to having 
attained the age of 60 years is hereby increased 
for time commencing on July 1, 1974, to the 
amount it would have been if such allowance had 
been computed, on the date such retirement 
allowance was first effective, on the basis of the 
percent of such member's average final compen- 
sation for each year of credited service as is set 
forth in the following table opposite his age at 
retirement, taken to the preceding completed 
quarter year: 

Age at Percent for Each Year 

Retirement of Credited Service 



55 


1.5000 


55V4 


1.5250 


55V2 


1.5500 


553/4 


1.5750 


56 


1.6000 


56y4 


1.6250 



Age at 


Percent for Each Year 


Retirement 


of Credited Service 


56y2 


1.6500 


563/4 


1.6750 


57 


1.7000 


57V4 


1.7250 


57V2 


1.7500 


573/4 


1.7750 



58 

58y4 

58V2 

583/4 

59 

59V4 
59V2 
593/4 



1.8000 
1.8250 
1.8500 
1.8750 
1.9000 
1.9250 
1.9500 
1.9750 



In no event shall a member's retirement 
allowance, as increased under the provisions of 
paragraph (a) or (b) of this section, exceed 75 
percent of his average final compensation. 

(c) Every retirement allowance payable to 
or on account of a member who retired for 
disability under the provisions of Subsection (c) 
of Section 8.509 of this charter on or after July 1, 
1947, and prior to July 1, 1974, is hereby in- 
creased for time commencing on July 1, 1974, to 
the amount it would have been if such allowance 
had been computed, on the date such retirement 
allowance was first effective as follows: 

(1) On the basis of one and eight- tenths 
percent of such member's average final compen- 
sation for each year credited service, if such 
retirement allowance exceeds 40 percent of his 
said average final compensation; 

(2) If such retirement allowance, as in- 
creased, does not exceed 40 percent of such 
member's average final compensation, the in- 
crease provided imder this section shall be com- 
puted on the basis of one and eight-tenths per- 
cent of his average final compensation multiplied 
by the number of years of City-service which 



413 



Appendix A: Employment Provisions 



A8.538 



would be credited to him were such City-service 
to continue until attainment by him of the age of 
60 years; provided, however, that such retire- 
ment allowance shall not exceed 40 percent of his 
said average final compensation. 

With respect to members whose retirement 
allowances were first effective prior to January 
1, 1972, "average final compensation" as used in 
this Section 8.536 shall mean the average monthly 
compensation earned by the member during any 
12 consecutive months of credited service in the 
retirement system in which his average compen- 
sation is the highest. 

This section does not give any person retired 
under the provisions of Section 8.509, or his 
successors in interest, any claim against the City 
and County for any increase in any retirement 
allowance paid or payable for time prior to July 
1, 1974. 

Any increase in £iny retirement allowance 
resulting from the recalculation provided for in 
this section^ shall be disregarded in connection 
with any adjustment of retirement allowances 
pursuant to the provisions of Section 8.526 of 
this charter. 

A8.537 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
UNDER SECTION 8.507 PRIOR TO 
JANUARY 1, 1972 

Every retirement allowance payable to or on 
account of a member who retired under the 
provisions of Section 8.507 (formerly Section 165 
of the charter of 1932) prior to January 1, 1972, 
is hereby increased for time commencing on the 
effective date of this section, hereby designated 
as the first day of the month next following 
ratification by the State legislature, to the amount 
it would have been if such allowance had been 
computed, on the date such member's retirement 
allowance was first effective, as if the provisions 
of Section 8.509, as they exist on the effective 
date of this section, had been in effect and 
applicable to such member, and as if "average 
final compensation" were defined as the average 
monthly compensation earned by a member dur- 



ing any 12 consecutive months of credited ser- 
vice in the retirement system in which his aver- 
age compensation is the highest. 

This section does not give any person retired 
under the provisions of said Section 8.507, or his 
successors in interest, any claim against the City 
and County for any increase in any retirement 
allowance paid or payable for time prior to the 
effective date of this section. 

Any increase in any retirement allowance 
resulting from the calculation provided in this 
section shall be disregarded in connection with 
any adjustment of retirement allowances pursu- 
ant to the provisions of Section 8.526 (formerly 
Section 164.1 of the charter of 1932). 

Section 8.537 does not authorize any de- 
crease in any allowance from the amount being 
paid as of June 4, 1974. 

A8.538 INCREASING OF CERTAIN 
RETIREMENT ALLOWANCES IN EFFECT 
PRIOR TO JULY 1, 1977 

Every retirement allowance payable to a male 
person, or to the beneficiary of a male person, 
retired prior to July 1, 1977, as a member under 
the provisions of Sections 8.507, 8.509, 8.544 or 
8.568 and subject to an optional modification 
pursuant to an election exercised under Section 
16.75 of the San Francisco Administrative Code 
is hereby increased for time commencing Janu- 
ary 1, 1978, to the amount it would have been if 
such allowance had been computed, on the date 
such allowance was first effective, on the basis of 
the mortality tables applicable to the retirement 
system on January 1, 1978. 

This section does not give any person retired 
under the provisions of Sections 8.507, 8.509, 
8.544 or 8.568, or such person's successors in 
interest, any claim against the City and County 
for any increase in; any retirement allowance 
paid or payable for time prior to January 1, 1978. 

Any adjustment of retirement allowances made 
pursuant to the provisions of Section 8.526 of 
this charter for time after June 30, 1978, shall be 
based upon the amount of the original retire- 
ment allowance plus the amount of the increase 
to be applied by the provisions of this section. 



A8.539 



San Francisco - Charter 



414 



A8.539 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
PRIOR TO JULY 2, 1980 

Every retirement allowance payable by the 
San Francisco City and County Employees' Re- 
tirement System, from time commencing on July 

1, 1982 to or on account of any person who was 
retired prior to July 2, 1980, as a member of said 
system under Section 8.509 formerly Section 
165.2 of the charter of 1932, as amended; and to 
or on account of any person who was retired prior 
to July 2, 1980, as a member of said system 
under Section 8.507, formerly Section 165 of the 
charter of 1932, as amended; and to or on ac- 
count of any person who was retired prior to July 

2, 1980, as a member of said system under 
Sections 8.584, 8.586 and 8.588 of this charter, is 
hereby increased by the amount of $25 per 
month, provided such member was entitled to be 
credited under the retirement system with at 
least 20 years of service upon which the retire- 
ment allowance was determined at retirement. If 
the member was entitled to be credited with less 
than 20 years of such service, then said monthly 
increase shall be an amount which shall bear the 
same ratio of $25 that the service with which the 
member was entitled to be credited at effective 
date of retirement, bears to 20 years. This sec- 
tion does not give any member retired prior to 
July 1, 1982 or his successors in interest, any 
claim against the City and County for any in- 
crease in any retirement allowance paid or pay- 
able for time prior to July 1, 1982. 

Contributions to the retirement system nec- 
essary for the payment of the increases in the 
retirement allowances provided in this section, 
shall be provided, from the reserves held by the 
retirement system on account of miscellaneous 
members, cost of living benefits, the necessary- 
amount being transferred upon July 1, 1982, 
from said reserves to the reserves held by the 
retirement system to meet the obligations of the 
City and County on account of benefits that have 
been granted and on account of prior service of 
members. The contributions being required of 
the City and County currently as percentages of 
salaries of persons who are members under Sec- 



tions 8.509, 8.584, 8.586, and 8.588 shall be 
increased to percentages determined by the ac- 
tuary as necessary to replace the reserves so 
transferred. 

A8.539-1 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
PRIOR TO JULY 2, 1985 

Commencing on July 1, 1987, every retire- 
ment allowance payable by the San Francisco 
City and County Employees' Retirement System, 
to or on account of any person who was retired 
prior to July 2, 1985 as a member of said system 
under Sections 8.507, 8.509, 8.584, 8.586 or 
8.588 of this charter, is hereby increased by the 
amount of $50.00 per month, provided such 
member had retired prior to July 2, 1961. If the 
member had retired after July 1, 1961, then said 
monthly increase shall be an amount which shall 
bear the same ratio to $50.00 that the number of 
years the member has been retired bears to 
twenty-five (25) years. 

In computing years of retirement, the retire- 
ment system shall count completed fiscal years 
between the member's effective date of retire- 
ment and June 30, 1986. 

This section does not give any member re- 
tired prior to July 1, 1987 or his successors in 
interest, any claim against the City and County 
for any increase in any retirement allowance 
paid or payable for time prior to July 1, 1987. 

A8.539-2 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
PRIOR TO JULY 2, 1988 

Commencing on July 1, 1990, every retire- 
ment allowance payable by the San Francisco 
City and County Employees' Retirement System, 
to or on account of any person who was retired 
prior to July 2, 1988 as a member of said system 
under sections 8.507, 8.509, 8.584, 8.586 or 8.588 
of this charter, is hereby increased by the amount 
of $50.00 per month, provided such member had 
retired prior to July 2, 1964. If the member had 
retired after July 1, 1964, then said monthly 
increase shall be an amount which shall bear the 



415 



Appendix A: Employment Provisions 



A8.540 



same ratio to $50.00 that the number of years 
the member has been retired bears to twenty- 
five (25) years. 

In computing years of retirement, the retire- 
ment system shall count completed fiscal years 
between the member's effective date of retire- 
ment and June 30, 1989. 

This section does not give any member re- 
tired prior to July 1, 1990 or his successors in 
interest, any claim against the City and County 
for any increase in any retirement allowance 
paid or payable for time prior to July 1, 1990. 

A8.539-3 INCREASING RETIREMENT 
ALLOWANCES OF MISCELLANEOUS 
OFFICERS AND EMPLOYEES RETIRED 
PRIOR TO JULY 2, 1991 

Commencing on July 1, 1993, every retire- 
ment allowance payable by the San Francisco 
City and County Employees' Retirement System, 
to or on account of any person who was retired 
prior to July 2, 1991 as a member of said system 
under sections 8.507, 8.509, 8.584, 8.586 or 8.588 
of this charter, is hereby increased by the amount 
of $75.00 per month, provided such member had 
retired prior to July 2, 1967. If the member had 
retired after July 1, 1967, then said monthly 
increase shall be an amount which shall bear the 
same ratio to $75.00 that the number of years 
the member has been retired bears to twenty- 
five (25) years. 

In computing years of retirement, the retire- 
ment system shall count completed fiscal years 
between the member's effective date of retire- 
ment and June 30, 1992. 

This section does not give any member re- 
tired prior to July 1, 1993 or his or her successors 
in interest, any claim against the City and Comity 
of San Francisco for any increase in any retire- 
ment allowance paid or payable for time prior to 
July 1, 1993. 

A8.540 MEMBERS OF THE POLICE 
DEPARTMENT ON JANUARY 8, 1932 

Persons who are members of the police de- 
partment on the eighth day of January, 1932, 
shall become members of the retirement system 



on that date, subject to the following provisions 
in addition to the provisions contained in Sec- 
tions 3.670, 3.672, 8.500, 8.502, 8.510, 8.511, 
8.520, and 8.560 of this charter: 

(a) Any member of the department who has 
arrived or shall arrive at the age of 62 years, and 
who has completed 30 years of continuous ser- 
vice as an active member of the department next 
preceding his retirement, may retire from ser- 
vice at his option, provided that retirement shall 
be compulsory at the age of 70 years. Such 
retired member shall receive a monthly pension, 
payable throughout his life, equal to one-half of 
the amount of the monthly salary attached to the 
rank held by him three years prior to the date of 
his retirement, hereinafter referred to in this 
section and Section 8.542 as a "pension." 

Before the first pajnnent of the pension is 
made, such retired member may elect to receive 
the actuarial equivalent of his pension, partly in 
a pension to be received by him throughout his 
life, and partly in other benefits payable after his 
death to another person or persons, provided 
that such election shall be subject to all the 
conditions prescribed by the board of supervisors 
to govern similar elections by other members of 
the retirement system, including the character 
and amount of such other benefits. 

(b) Any member of the department who 
shall become physically disabled by reason of 
any bodily injury received in the performance of 
his duty, may be retired upon a monthly pension, 
as defined in subdivision (a), of this section, 
payable throughout his life. In case his disability 
shall cease, his pension shall cease, and he shall 
be restored to the service in the rank he occupied 
at the time of his retirement. 

(c) The family of any member of the depart- 
ment who may be killed or injured while in the 
performance of his duties, and who shall have 
died within 3 years from the date of such injury 
as a result of such injury, shall receive the 
following benefits and the receipt by such mem- 
ber of a pension under this section during his 
lifetime shall not bar said family from such 
benefits: 

First, should the decedent leave a widow to 
whom he was married prior to the date of the 



A8.540 



San Francisco - Charter 



416 



injury resulting in death, such widow shall, as 
long as she may live and remain unmarried, be 
paid a monthly pension equal to one-half of the 
salary attached to the rank held by the decedent 
at the time of his said injury; provided, however, 
that should said widow die, leaving a child or 
children under the age of 16 years, said pension 
shall continue to such child or such children 
collectively until the youngest child arrives at 
the age of 16 years. 

Second, should the decedent leave no widow, 
but leave an orphan child or children under the 
age of 16 years, such child or children collectively 
shall receive a monthly pension equal to one-half 
of the salary attached to the rank held by their 
father at the time of his said injury until the 
youngest attains the age of 16 years. 

Third, should the decedent leave no widow 
and no orphan child or children, but leave a 
parent or parents depending solely upon him for 
support, such parents, so depending, shall collec- 
tively receive a monthly pension equal to one- 
half of the salary attached to the rank held by 
the decedent at the time of his said injury dm'ing 
such time as the retirement board may unani- 
mously determine its necessity. 

(d) A sum equal to the contributions, with 
interest, made by persons who become members 
of the retirement system under this section to 
any other pension fund, shall be paid by the City 
and County to the retirement system. Each mem- 
ber of the department shall contribute $2 per 
month to the retirement system to be applied on 
the cost of the benefits at death and retirement 
provided under this section. Should a member be 
separated from City service through any cause 
other than death or retirement, then such con- 
tributions with interest shall be refunded to him 
under such conditions as may be fixed by the 
board of supervisors for the refund of contribu- 
tions of other members of the retirement system. 

(e) When any member of the department 
shall die from natural causes and before retire- 
ment, there shall be paid to his estate or benefi- 
ciary a death benefit, the amount of which and 
the conditions for the payment of which shall be 



determined in the manner prescribed by the 
board of supervisors for the death benefit of 
other members of the retirement system. 

Upon the death of a member after retirement 
and regardless of the cause of death, a death 
benefit shall be paid to his estate or designated 
beneficiary, the amount of which and the condi- 
tions for pa3rment of which shall be determined 
in the manner prescribed by the board of super- 
visors for the pajrment of a similar death benefit 
upon the death of other retired members. 

(f) In addition to the other contributions 
required of the City and County under the retire- 
ment system, the City and County shall contrib- 
ute to the retirement system during each fiscal 
year a sum which, together with the members' 
contributions provided for in subdivision (d) of 
this section, shall be equal to the liabilities 
accruing under the retirement system because of 
the service rendered during such year by persons 
becoming members on the 8th day of January, 
1932, under this section. If, subsequent to such 
fiscal year, it shall be determined that such 
contributions by the City and County, together 
with the members' contributions, was not suffi- 
cient to meet such liability, then the City and 
County shall make such additional contributions 
as may be necessary to make up the deficit. 

(g) No benefits shall be provided under the 
retirement system for, nor shall any contribution 
be required of, persons who become members of 
the retirement system under this section, in 
addition to the benefits specifically provided and 
contributions specifically required in such sec- 
tion. 

That portion of any pension payable because 
of the death or retirement of any such person 
which is provided by contributions of the City 
and County shall be reduced, in the manner 
fixed by the board of supervisors, by the amount 
of any benefits payable to or on account of such 
person, under the workers' compensation insur- 
ance and safety law of the State of California. 

(h) Persons who were members of the police 
department on the eighth day of January, 1932, 
shall have the option, to be exercised in writing 
on or before the first day of January, 1936, of 



417 



Appendix A: Employment Provisions 



A8.544 



becoming members of the retirement system 
under the provisions of Section 8.543, which 
applies to persons who become members of the 
department after the 8th day of January, 1932. If 
such persons shall affirmatively exercise such 
option within the time specified, then on and 
after the first day of the month next following 
such affirmative action, referred hereinafter in 
this subdivision (h) as "effective date," they shall 
not receive any benefit or make any contribution 
under this section, but on and after said effective 
date shall be members of the retirement system 
and shall receive benefits and meike contribu- 
tions on the same basis as persons who become 
members of the department after the 8th day of 
January, 1932, provided that a pension for each 
person affirmatively exercising such option shall 
be payable on account of service rendered to the 
City and County prior to said effective date, by 
such members' contributions made prior to such 
effective date, with interest, and by contribu- 
tions of the City and County, which pension shall 
be the same percentage regardless of the age of 
retirement, of his final compensation, as defined 
by the board of supervisors, for each year of such 
service, as the contributions of the member and 
the City and County are calculated to provide 
upon retirement at age 62 for each year of service 
rendered as a member of the retirement system. 

A8.541 SALARY BASE, FOR 
RETIREMENT PURPOSES, OF FORMER 
RANK OF CORPORAL OF POLICE 

For all purposes of the retirement system, 
and notwithstanding any other provisions of the 
charter, the monthly salary attached to the former 
rank of corporal, heretofore held by a member of 
the police department, shall henceforth be deemed 
to be an amount equal to the maximum monthly 
salary attached to the rank of police officer, plus 
three-fourths of the difference between such 
amount and the monthly salary attached to the 
rank of sergeant. 

A8.542 POLICE DEPARTMENT- 
RETIRED MEMBERS AND 
BENEFICIARIES ON JANUARY 8, 1932 

Any member of the police department who 
shall have been retired and shall be receiving a 



pension on the eighth day of January, 1932, and 
any widow, child, children or parents of a de- 
ceased member of the department who shall be 
receiving a pension on the 8th day of January, 
1932, shall continue to receive such pension, 
subject to the provisions of Section 8.540 govern- 
ing the paj^ment of pensions. Such pension shall 
be paid by the retirement system, but no other 
benefits shall be provided for such retired mem- 
bers, widows, children or parents, except that 
upon the death of any such member who is 
receiving a pension under this section and re- 
gardless of the cause of death, a death benefit 
shall be paid to his estate or designated benefi- 
ciary, the amount of which shall be determined 
in the manner prescribed by the board of super- 
visors. 

A8.543 MEMBERS OF THE POLICE 
DEPARTMENT— JANUARY 8, 1932 TO 
JULY 1, 1945 

Persons who become members of the police 
department after the eighth day of January, 
1932, and prior to July 1, 1945, shall become 
members of the retirement system subject only 
to the following provision in addition to the 
provisions contained in Sections 3.670, 3.672, 
8.500, 8.501, 8.502, 8,510, 8.511, 8.520, and 8.525 
and 8.560 of this charter: No such member of the 
retirement system shall be retired, except in case 
of disability incapacitating him for the perfor- 
mance of his duties, unless he shall have at- 
tained the age of 62 years, and completed 25 
years of continuous service, except that retire- 
ment shall be compulsory at the age of 70 years. 
It may be provided, however, under such retire- 
ment system, that members may retire after 30 
years of continuous service, the benefits of retire- 
ment in such cases to be determined, because of 
retirement at an age below 62, in accordance 
with the tables recommended by the actuary and 
approval by said retirement board. 

A8.544 MEMBERS OF THE POLICE 
DEPARTMENT AFTER JULY 1, 1945 

Members of the police department, as defined 
in Section 8.545, who are members of the retire- 
ment system under Sections 8.507, 8.540 or 



A8.544 



San Francisco - Charter 



418 



8.543 of the charter on the first day of July, 1945, 
and persons who become members of said depart- 
ment after said date, shall be members of the 
retirement system under this Section 8.544 on 
and after said date, and shall be subject to the 
following provisions of Section 8.544 and Sec- 
tions 8.545, 8.546, 8.547, 8.548, 8.549, 8.551, 
8.552, 8.553, 8.554, 8.555, 8.556, 8.557, 8.558, 
and 8.559 (which shall apply only to members 
under Section 8.544 unless otherwise indicated) 
in addition to the provisions contained in Sec- 
tions 3.670, 3.671, 8.500, 8.510, and 8.520 of this 
charter notwithstanding the provisions of any 
other section of the charter. Members of the said 
department who are members of the retirement 
system under Section 8.540 of the Charter on 
July 1, 1949, however, shall have the option to be 
exercised in writing on a form furnished by the 
retirement system and to be filed at the office of 
said system not later than 90 days after July 1, 
1949, of being members of the system under 
Section 8.540 instead of Section 8.544, the elec- 
tion under said option to be effective on said 
date. In like manner, members of the said de- 
partment who are members of the retirement 
system under Section 8.507 or 8.543 of the char- 
ter shall have the option, to be exercised in 
writing on a form furnished by the retirement 
system, and to be filed at the office of said system 
not later than 90 days after July 1, 1949, of being 
members of the system under Sections 8.507 or 

8.543, respectively, instead of Section 8.544 the 
election to be effective on said date, provided, 
that members who are absent by reason of ser- 
vice in the armed forces of the United States or 
by reason of any other service included in section 
8.520 of the charter, on the effective date of the 
amendment shall have the same option of elect- 
ing to be members under Sections 8.507, 8.540, 
or 8.543, as the case may be, instead of Section 

8.544, until 90 days after return to service in the 
police department. 

On and after July 1, 1949, the persons who 
affirmatively exercise said option, shall continue 
to be members of the system under Sections 
8.507, 8.540, or 8.543, respectively, and shall not 
be subject to any of the provisions of Section 
8.544. 



A8.545 DEFINITIONS 

The following words and phrases as used in 
this section, unless a different meaning is plainly 
required by the context shall have the following 
meanings: 

"Retirement allowance," "death allowance," 
or "allowance" shall mean equal monthly pay- 
ments, beginning to accrue upon the date of 
retirement, or upon the day following the date of 
death, as the case may be and continuing for life 
unless a different term of payment is definitely 
provided by the context. 

"Compensation," as distinguished from ben- 
efits under the Workers' Compensation Insur- 
ance and Safety Act of the State of California, 
shall mean the remuneration payable in cash, by 
the City and County, without deduction except 
for absence from duty, for time during which the 
individual receiving such remuneration is a mem- 
ber of the police department, but excluding re- 
muneration paid for overtime. 

"Compensation eamable" shall mean the com- 
pensation which would have been earned had 
the member received compensation without in- 
terruption throughout the period under consid- 
eration at the rates of remuneration attached at 
that time to the ranks or positions held by him 
during such period, it being assumed that during 
any absence he was in the rank or position held 
by him at the beginning of the absence, and that 
prior to becoming a member of the police depart- 
ment, he was in the rank or position first held by 
him in such department. 

"Benefit" shall include "allowance," "retire- 
ment allowance," "death allowance" and "death 
benefit." 

"Final compensation" shall mean the monthly 
compensation earnable by a member at the time 
of his retirement, or death before retirement, as 
the case may be, at the rate of remuneration 
attached at that time to the rank or position 
which said member held, provided that said 
member has held said rank or position for at 
least one year immediately prior to said retire- 
ment or death; and provided, further, that if said 
member has not held said rank or position for at 
least one year immediately prior to said retire- 



419 



Appendix A: Employment Provisions 



A8.546 



ment or death, "final compensation," as to such 
member, shall mean the monthly compensation 
earnable by such member in the rank or position 
next lower to the rank or position which he held 
at the time of retirement or death at the rate of 
remuneration attached at the time of said retire- 
ment or death to said next lower rank or posi- 
tion; provided, however, that in the case of a 
member's death before retirement as the result 
of a violent traumatic injury received in the 
performance of his duty, "final compensation," as 
to such member shall mean the monthly compen- 
sation earnable by such member at the rate of 
remuneration attached on the date he receives 
such injury to the rank or position held by such 
member on that date. 

The amendment of the definition of "final 
compensation" contained in the proposition there- 
for submitted to the electorate on June 6, 1972, 
shall be retroactive and shall be applicable to 
any death allowance first effective on or after 
July 1, 1971. Said amendment does not and shall 
not increase any death allowance first in effect 
prior to July 1, 1971, nor shall said amendment 
give any person receiving a death allowance, or 
his successors in interest any claim against the 
City and County for any increase in any death 
allowance paid or payable for time prior to July 
1, 1971. 

For the purpose of the retirement system and 
of this section, the terms "member of the police 
department," "member of the department" or 
"member" shall mean any officer or employee of 
the police department whose employment therein 
began prior to January 1, 1900, or whose employ- 
ment therein began or shall begin after that 
date, and was or shall be subject to the charter 
provisions governing entrance requirements for 
members of the uniformed force of said depart- 
ment, and said terms further shall mean, from 
the effective date of their emplo5aiient in said 
department, persons employed on July 1, 1945, 
regardless of age, or employed after said date at 
an age not greater than the maximum age then 
prescribed for entrance into employment in said 
uniformed force, to perform the duties now per- 
formed under the titles of criminologist, photog- 
rapher, police patrol driver, police motor boat 



operator, woman protective officer, police woman 
or jail matron. Any police service performed by 
such member of the police department outside 
the limits of the City and County and under 
orders of a superior officer of any such member, 
shall be considered as City and County service, 
and any disability or death incurred therein 
shall be covered under the provisions of the 
retirement system. 

"Retirement system" or "system" shall mean 
San Francisco City and Coiuity Employees' Re- 
tirement System as created in Section 8.600 of 
the charter. ' 

"Retirement board" shall mean "retirement 
board" as created in Section 3.670 of the charter. 

"Charter" shall mean the charter of the City 
and County of San Francisco. 

Words used in the masculine gender shall 
include the feminine and neuter genders, and 
singular numbers shall include the plural and 
the plural the singular. 

"Interest" shall mean interest at the rate 
adopted by the retirement board. 

A8.546 SERVICE RETIREMENT 

Any member of the police department who 
completes at least 25 years of service in the 
aggregate and attains the age of 50 years, said 
service to be computed under Section 8.554, may 
retire for service at his option. Members shall be 
retired on the first day of the month next follow- 
ing the attainment by them of the age of 65 
years. A member retired after meeting the ser- 
vice and age requirements in the two sentences 
next preceding, shall receive a retirement allow- 
ance equal to 55 percent of the final compensa- 
tion of said member, as defined in Section 8.545, 
plus and allowance at the rate of three percent of 
said final compensation, for each year of service 
rendered in excess of 25 years; provided, how- 
ever, that such retirement allowance shall not 
exceed 70 percent of said member's final compen- 
sation. A member retired after attaining the age 
of 65 years, but before completing 25 years of 
service in the aggregate computed under Section 
8.554, shall receive a retirement allowance which 
bears the same ratio to 50 percent of the final 



A8.546 



San Francisco - Charter 



420 



compensation of said member, as defined in 
Section 8.545 as the service with which he is 
entitled to be credited, bears to 25 years. If, at 
the date of retirement for service, or retirement 
for disabiUty resulting from an injury received in 
performance of duty, said member has no wife, 
children or dependent parents, who would qualify 
for the continuance of the allowance after the 
death of said member, or with respect to the 
portion of the allowance which would not to be 
continued regardless of dependents, or upon re- 
tirement for disabihty resulting from other causes, 
with respect to all of the allowance and regard- 
less of dependents at retirement, a member 
retired under this section, or Section 8.547, may 
elect before the first payment of the retirement 
allowance is made, to receive the actuarial equiva- 
lent of his allowance or the portion which would 
not be continued regardless of dependents, as 
the case may be, partly in a lesser allowance to 
be received by him throughout his life, and 
partly in other benefits payable after his death to 
another person or persons, provided that such 
election shall be subject to all the conditions 
prescribed by the board of supervisors to govern 
similar election by other members of the retire- 
ment system, including the character and amount 
of such other benefits. 

A8.547 RETIREMENT FOR INCAPACITY 

Any member of the police department who 
becomes incapacitated for the performance of his 
duty by reason of bodily injury received in, or 
illness caused by performance of his duty, shall 
be retired. If he is not qualified for service 
retirement, he shall receive a retirement allow- 
ance in an amount which shall be equal to the 
same percentage of the final compensation of 
said member, as defined in Section 8.545, as his 
percentage of disability is determined to be. The 
percentage of disability shall be as determined 
by the Workers' Compensation Appeals Board of 
the State of California upon referral from the 
retirement board for that purpose; provided that 
the retirement board may, by five affirmative 
votes, adjust the percentage of disability as de- 
termined by said appeals board; and provided, 
further, that such retirement allowance shall be 



in an amount not less than 50 percent nor more 
than 90 percent of the final compensation of said 
member, as defined in Section 8.545. Said allow- 
ance shall be paid to him until the date upon 
which said member would have qualified for 
service retirement had he lived and rendered 
service without interruption in the rank held by 
him at retirement, and after said date the allow- 
ance payable shall be equal to the retirement 
allowance said member would have received if 
retired for service on said date, based on the final 
compensation as defined in Section 8.545 he 
would have received immediately prior to said 
date had he lived and rendered service as as- 
sumed, but such allowance shall not be less than 
50 percent of such final compensation. If at the 
time of retirement because of disability, he is 
qualified as to age and service for retirement 
under Section 8.546, he shall receive an allow- 
ance equal to the retirement allowance which he 
would receive if retired under Section 8.546 but 
not less than 55 percent of said final compensa- 
tion. Any member of the police department who 
becomes incapacitated for the performance of his 
duty, by reason of a cause not included under the 
provisions of the immediately preceding sen- 
tences, and who shall have completed at least 10 
years of service in the aggregate, computed as 
provided in Section 8.554 shall be retired upon 
an allowance of one and one-half percent of the 
final compensation of said member, as defined in 
Section 8.545, for each year of service provided 
that said allowance shall not be less than SSVa 
percent of said final compensation; provided, 
however, that if such member has completed at 
least 25 years of service in the aggregate, com- 
puted as provided in Section 8.554, but has not 
yet attained the age of 50 years, he shall receive 
an allowance equal to the retirement allowance 
he would have received if he had attained the age 
of 50 years and retired under Section 8.546 as of 
the date of retirement for such incapacity. The 
question of retiring a member under this section 
may be brought before the retirement board on 
said board's own motion, by recommendation of 
the police commission, or by said member of his 
guardian. If his disability shall cease, his retire- 



421 



Appendix A: Employment Provisions 



A8.549 



ment allowance shall cease, and he shall be 
restored to the service in the rank he occupied at 
the time of his retirement. 

A8.548 DEATH ALLOWANCE 

If a member of the police department shall 
die before or after retirement by reason of an 
injury received in, or illness caused by the per- 
formance of his duty, a death allowance, in lieu of 
any allowance payable under any other section of 
the charter or by ordinance, on account of death 
resulting from injury received in or illness caused 
by the performance of duty, shall be paid, begin- 
ning on the date next following the date of death, 
to his surviving wife, throughout her life or until 
her remarriage. If the member, at the time of 
death, was qualified for service retirement, but 
had not retired, the allowance payable shall be 
equal to the retirement allowance which the 
member would have received if he had been 
retired for service on day of death, but such 
allowance shall not be less than 55 percent of the 
final compensation earnable by said member 
immediately preceding death. If death occurs 
prior to qualification for service retirement the 
allowance payable shall be equal to the final 
compensation of said member at the date of 
death, until the date upon which said member 
would have qualified for service retirement, had 
he lived and rendered service without interrup- 
tion in the rank held by him at death, and after 
said date the allowance payable shall be equal to 
the retirement allowance said member would 
have received if retired for service on said date, 
based on the final compensation he would have 
received immediately prior to said date, had he 
lived and rendered service as assumed, but such 
allowance shall not be less than 55 percent of 
such final compensation. If he had retired prior 
to death for service or for disability resulting 
from injury received in, or illness caused by the 
performance of duty, the allowance payable shall 
be equal to the retirement allowance of the 
member, except that if he was a member under 
Section 8.544 and retirement was for such dis- 
ability, and if death occurred prior to qualifica- 
tion for the service retirement allowance, the 
allowance continued shall be reduced upon the 



date at which said nlember would have qualified 
for service retirement, in the same manner as it 
would have been reduced had the member not 
died. If there be no surviving wife entitled to an 
allowance hereunder, or if she die or remarry 
before every child of such deceased member 
attains the age of 18 years, then the allowance 
which the surviving wife would have received 
had she lived and not remarried shall be paid to 
his child or children under said age, collectively, 
to continue until every such child dies or attains 
said age, provided that no child shall receive any 
allowance after manying or attaining the age of 
18 years. Should said member leave no surviving 
wife and no children under the age of 18 years, 
but leave a parent or parents depending upon 
him for support, the parents so dependent shall 
collectively receive a monthly allowance equal to 
that which a surviving widow otherwise would 
have received, during such dependency No al- 
lowance, however, shall be paid under this sec- 
tion to a surviving wife following the death of a 
member unless she was married to the member 
prior to the date of the injury or onset of the 
illness which results in death. 

A8.549 PAYMENT OF SURVIVING 
DEPENDENTS 

Upon the death of a member of the police 
department resulting from any cause, other than 
injury received in or illness caused by perfor- 
mance of duty: 

(a) if his death occurred after qualification 
for service retirement under Sections 8.540, 8.543 
or 8.546, or after retirement for service or be- 
cause of disability which resulted from any cause 
other than any injury received in, or illness 
caused by the performance of duty, three-fourths 
of his retirement allowance to which he would 
have been entitled if he had retired for service at 
the time of his death or three-fourths of his 
retirement allowance as it was at his death, as 
the case may be, shall be continued throughout 
life or until remarriage, to his surviving wife; or 

(b) if his death occurred after the comple- 
tion of at least 25 years of service in the aggre- 
gate but prior to the attainment of age 50 years, 
three-fourths of the retirement allowance to which 



A8.549 



San Francisco - Charter 



422 



he would have been entitled under section 8.546 
if he had attained the age of 50 years on the date 
of his death shall be continued throughout life or 
until remarriage to his surviving wife; or 

(c) if his death occurred after retirement 
because of disability which resulted from injury 
received in, or illness caused by the performance 
of duty, his retirement allowance as it was at his 
death shall be continued throughout life or until 
remarriage, to his surviving wife, except that, if 
death occurred prior to qualification for service 
retirement allowance, the allowance continued 
shall be adjusted upon the date at which said 
member would have qualified for service retire- 
ment, in the same manner as it would have been 
adjusted had the member not died; or 

(d) if his death occurred after completion of 
at least 10 years of service in the aggregate, 
computed as provided in Section 8.554, an allow- 
ance in an amount equal to the retirement allow- 
ance to which the member would have been 
entitled pursuant to Section 8.547 if he had 
retired on the date of death because of incapacity 
for performance of duty resulting from a cause 
other than bodily injury received in or illness 
caused by performance of duty shall be paid 
throughout life or until remarriage to his surviv- 
ing wife. If there be no surviving wife entitled to 
an allowance hereunder, or if she die or remarry 
before every child of such deceased member 
attains the age of 18 years, then the allowance 
which the surviving wife would have received 
had she lived and not remarried shall be paid to 
his child or children under said age, collectively, 
to continue until every such child dies or attains 
said age, provided that no child shall receive any 
allowance after marrying or attaining the age of 
18 years. Should said member leave no surviving 
wife and no children under the age of eighteen 
years, but leave a child or children, regardless of 
age, dependent upon him for support because 
partially or totally disabled and unable to earn a 
livelihood or a parent or parent dependent upon 
him for support, the child or children and the 
parents so dependent shall collectively receive a 
monthly allowance equal to that which a surviv- 
ing wife otherwise would have received, during 
such dependency. No allowance, however, shall 



be paid under this section to a surviving wife 
unless she was married to the member prior to 
the date of the injury or the onset of the illness 
which results in death, if he had not retired, or 
unless she was married to the member at least 
one year prior his death. 

As used in this section and Section 8.548, 
"surviving wife" shall mean and include a sur- 
viving spouse, and shall also mean and include a 
spouse who has remarried since the death of the 
member but whose remarriage has been termi- 
nated by death, divorce or annulment within five 
years after the date of such remarriage and who 
has not thereafter again remarried. 

The surviving wife, in the event of death of 
the member after qualification for but before 
service retirement, may elect before the first 
payment of the allowance, to receive the benefit 
provided in Section 8.552 in lieu of the allowance 
which otherwise would be continued to her un- 
der this section. If there be no surviving wife, the 
guardian of the eligible child or children may 
make such election, and if there be no such 
children, the dependent parent or parents may 
make such election. Persons heretofore or here- 
after retired under other charter sections as 
members of the police department at the time of 
retirement, shall be subject to the provisions of 
this section. With respect to members under 
Section 8.544, "qualified for service retirement," 
"qualification for service retirement," or "quali- 
fied as to age and service retirement," as used in 
this section and other sections to which persons 
who are members under Section 8.544 are sub- 
ject, shall mean completion of 25 years of service 
and attainment of age 50, said service to be 
computed under Section 8.554. 

The amendments of this Section 8.549 con- 
tained in the proposition herefor submitted to 
the electorate on November 7, 1972, are hereby 
declared to be retroactive and shall be applicable 
to members who died after October 1, 1970. 

A8.550 ADJUSTMENT OF ALLOWANCES 

(a) Every allowance based on the average 
monthly compensation earnable by the member 
during the three or 10 years prior to retirement 



423 



Appendix A: Employment Provisions 



A8.550 



or death, and payable for time commencing on 
April 1, 1952, to or on account of persons who 
were retired or who died prior to January 1, 
1951, as members of the police department, shall 
be adjusted to the amount it would be if it had 
been based on the monthly compensation fixed in 
Section 35.5 of the charter of 1932 as amended as 
of July 1, 1951, for the rank of police officer in the 
respective years of service, regardless of the rank 
or position the member held in the department 
prior to his retirement, or death before retire- 
ment. Every service retirement allowance under 
Section 8.543 which is included in the sentence 
next preceding, shall be adjusted to what it 
would have been, if prior to optional modifica- 
tion, the allowance had been 50 percent of said 
monthly compensation. Allowances payable un- 
der Sections 8.547, 8.548 or 8.561 to or on 
account of persons who were retired for disabil- 
ity or died prior to January 1, 1951, on and after 
the date such persons would have qualified for 
service retirement, shall be calculated as pro- 
vided in said Sections 8.547, 8.548, or 8.561, 
respectively. The provisions of Section 8.549 with 
respect to continuance of one-half of retirement 
allowance upon deaths after retirement, shall be 
applied fi'om April 1, 1952, as if they were 
effective on November 2, 1948. This section does 
not authorize any decrease in any allowance 
from the amount being paid as of April 1, 1952, 
nor does this section give any retired member, or 
any beneficiary of such member, or his succes- 
sors in interest, any claim against the City and 
County for any increase in any allowance paid or 
payable for the time prior to April 1, 1952. 
Adjustment in reserves vmder allowances which 
are changed according to this section, shall be 
made on the basis of current interest rate and 
mortality tables. 

The increase in the retirement allowance 
shall be apportioned according to services ren- 
dered by the member in the same manner that 
the allowance prior to increase was apportioned. 
Contributions to the retirement system, neces- 
sary for the payment of the increase of the 
portion of the retirement allowances which is 
paid from reserves held by the retirement sys- 
tem, shall be provided from the reserves held by 



the retirement system on account of members 
under Section 8.544, the necessary amount being 
transferred upon April 1, 1952, from said re- 
serves to the reserves held by the retirement 
system to meet the obligations on account of 
benefits that have been granted and on account 
of prior service of members. The contribution 
being required of the City and County currently, 
as a percentage of salaries of persons who are 
members under Section 8.544, shall be increased 
to a percentage determined by the actuary as 
necessary to replace the reserves so transferred. 
Contributions to the retirement system neces- 
sary for the payment of said increases with 
reference to current and prior service portions of 
the allowances which are not paid from reserves 
held by the retirement system, shall be paid to 
the system by the City and County by annual 
appropriations, provided that such appropria- 
tion for any year shall not be less than the 
amount disbursed during that year on account of 
said increases. 

(b) Every retirement or death allowance 
payable for time commencing on April 1, 1956, to 
or on account of any person who died or was 
retired prior to November 8, 1955, as a member 
of the police department, unless such person was 
retired or died as a member of the retirement 
system or the former police relief and pension 
fund, under any section of the charter, other than 
Section 8.543, or 8.544, is hereby increased by 
the amount of $25 per month; provided, however, 
that such increased retirement allowance or death 
allowance shall not exceed 50 percent of the 
compensation as of July 1, 1954, attached to the 
rank of police officer in the fourth year of service 
as set forth under Section 35.5 of the charter of 
1932, as amended regardless of the rank or 
position the member held in the department 
prior to his retirement or death before retire- 
ment. 

Such increase shall not be modified under, 
nor subject to. Option 2 or 3 provided by ordi- 
nance. Allowances payable under Sections 8.547, 
8.548, or 8.561, to or on account of persons who 
were retired for disability or died prior to Novem- 
ber 8, 1955, on and after the date such persons 



A8.550 



San Francisco - Charter 



424 



would have qualified for service retirement, shall 
be calculated as provided in said Sections 8.547, 
8,548, or 8.561, respectively. 

This section does not authorize any decrease 
in any allowance from the amount being paid as 
of April 1, 1965, nor does this section give any 
member who retired, or the beneficiary of any 
member who died prior to April 1, 1956, or his 
successors in interest, any claim against the City 
and County for any increase in retirement allow- 
ance paid or payable for time prior to April 1, 
1956. 

The increase in allowance shall be appor- 
tioned between service rendered prior to the 
entry of the member into the retirement system 
under Section 8.543 or 8.544, and service ren- 
dered as such a member, in the same proportion 
that such prior and current service respectively, 
bears to the total service credited at retirement. 
Contributions to the retirement system neces- 
sary for the increases in the allowances provided 
in this section, shall be provided, with respect to 
the portion of the benefit based on service ren- 
dered as members under Section 8.543 or 8.544 
from the reserves held by the retirement system 
on account of members of the retirement system 
under Section 8.544, the necessary amount being 
transferred upon April 1, 1956, from said re- 
serves to the reserves held by the retirement 
system to meet the obligations on account of 
allowances which are increased by this Subsec- 
tion 8.550(b). The contribution being required of 
the City and County currently, as percentages of 
salaries of persons who are members under Sec- 
tion 8.543 or 8.544, shall be paid to the system by 
the City and County by annual appropriations, 
provided that such appropriation for any year 
shall not be less than the amount disbursed 
during that year on account of said increases. 

A8.551 ADJUSTMENT OF ALLOWANCES 
BECAUSE OF COMPENSATION 
BENEFITS 

That portion of any allowance payable be- 
cause of the death or retirement of any member 
of the police department, which is provided by 
contributions of the City and County, shall be 
reduced in the manner fixed by the board of 



supervisors, by the amount of any benefits, other 
than medical benefits, payable to or on account 
of such person, under the Workers' Compensa- 
tion Insurance and Safety Law of the State of 
California and because of the injury or illness 
resulting in said death or retirement. Such por- 
tion which is paid because of death or retirement 
which resulted from injury received in or illness 
caused by performance of duty, shall be consid- 
ered as in lieu of any benefits, other than medical 
benefits, payable to or on account of such persons 
under the said law of the State of California, and 
shall be in satisfaction and discharge of the 
obligation of the City and County to pay such 
benefits. 

A8.552 DEATH BENEFITS 

If a member of the police department shall 
die, before retirement, from causes other than an 
injury received in, or illness caused by the per- 
formance of duty, or regardless of cause, if no 
allowance shall be payable under Sections 8.548 
or 8.549 preceding, a death benefit shall be paid 
to his estate or designated beneficiary, the amount 
of which and the conditions for the pa3nnent of 
which shall be determined in the manner pre- 
scribed by the board of supervisors for the death 
benefit of other members of the retirement sys- 
tem. Upon the death of a member after retire- 
ment and regardless of the cause of death, a 
death benefit shall be paid to his estate or 
designated beneficiary, the amount of which and 
the conditions for payment of which shall be 
determined in the manner prescribed by the 
board of supervisors for the payment of a similar 
benefit upon the death of other retired members. 

A8.553 REFUNDS AND REDEPOSITS 

Should any member of the police department 
cease to be employed as such a member, through 
any cause other than death or retirement or 
transfer to another office or department, all of 
his contributions, with interest credited thereon, 
shall be refunded to him subject to the conditions 
prescribed by the board of supervisors to govern 
similar terminations of employment of other 
members of the retirement system. If he shall 
again become a member of the police depart- 



425 



Appendix A: Employment Provisions 



A8.555 



ment, he shall redeposit in the retirement fund 
the amount refunded to him. Contributions with 
interest, which are credited because of service 
rendered in any other office or department and 
which will not be counted under Section 8.554 to 
any person who becomes a member of the retire- 
ment system under Section 8.544, shall be re- 
funded to him forthwith. Should a member of the 
police department become an employee of any 
other office or department, his accumulated con- 
tribution account shall be adjusted by payments 
to or from him as the case may be, to make the 
accumulated contributions credited to him at the 
time of change, equal to the amount which would 
have been credited to him if he had been em- 
ployed in said other office or department at the 
rate of compensation received by him in the 
police department, and he shall receive credit for 
service for which said contributions were made, 
according to the charter section under which his 
membership in the retirement system continues. 



date of refund to date of redeposit, at times and 
in the manner fixed by the retirement board; and 
solely for the purpose of determining qualifica- 
tion for retirement under Section 8.547 for dis- 
ability not resulting from injury received in, or 
illness caused by performance of duty, time dur- 
ing which said member serves, after June 30, 
1949, and receives compensation because of ser- 
vices rendered in other offices and departments, 
(d) Time during which said member is ab- 
sent from a status included in paragraphs (a), 
(b), or (c) next preceding, by reason of service in 
the armed forces of the United States of America, 
or by reason of any other service included in 
Section 8.520 of the charter, during any war in 
which the United States was or shall be engaged 
or during other national emergency, and for 
which said member contributed or contributes to 
the retirement system or for which the City and 
County contributed ; or contributes on his ac- 
count. 




A8.554 COMPUTATION OF SERVICE 

The following time shall be included in the 
computation of the service to be credited to a 
member of the police department for the pur- 
poses of determining whether such member quali- 
fied for retirement, and calculating benefits, ex- 
cluding, however, any time the contributions for 
which were withdrawn by said member upon 
termination of his service while he was a mem- 
ber under any other charter section, and not 
redeposited upon re-entry into service: 

(a) Time during and for which said member 
is entitled to receive compensation because of 
services as a member of the fire or police depart- 
ment. 

(b) Time during which said member served 
and received compensation as a jail matron in 
the office of the sheriff. 

(c) Time during which said member is en- 
titled to receive compensation while a member of 
the retirement system, because of service ren- 
dered in other offices and departments before 
July 1, 1949, provided that accumulated contri- 
butions on account of such service, previously 
refunded, are redeposited, with interest from 



A8.555 SOURCES OF FUNDS 

All payments provided for persons who are 
members under Section 8.544 shall be made 
from funds derived from the following sources, 
plus interest earned on said funds: 

(a) The normal rate of contribution of each 
member shall be based on his age taken to the 
next lower complete quarter year, (1) at the date 
he became a member under Section 8.507 or 
8.543, in the case of persons who are members 
under these sections, or (2) at July 1, 1945, in the 
case of persons who are members under Section 
8.540, and his age: taken to the next lower 
completed quarter year, when he entered the 
police department, or (3) on his age at the date 
he becomes a member under Section 8.544, in 
the case of persons who become members on or 
after July 1, 1945, without credit for services 
counted under Section 8.554. The age of entrance 
into the police department shall be determined 
by deducting the member's service credited un- 
der Section 8.554 as rendered prior to the date 
upon which his age is based for determination of 
the rate of contribution according to the sentence 
next preceding, from said age. The normal rate of 
contribution of each such member, to be effective 



A8.555 



San Francisco - Charter 



426 



from the effective date of membership under 
Section 8.544, shall be such as, on the average 
for such member, will provide, assuming service 
without interruption, under Section 8.546, one- 
third of that portion of the service retirement 
allowance to which he would be entitled, without 
continuance to dependents, upon first qualifying 
as to age and service, for retirement under that 
section, without discount of allowance, which is 
based on service rendered after the date upon 
which his age is based for determination of his 
rate of contribution according to the first sen- 
tence in this paragraph, and assuming the con- 
tribution to be made from that date. The normal 
rate of contribution, however, shall not exceed 
six percent. 

(b) The dependent rate of contribution of 
each member which shall be required of each 
member throughout his membership in addition 
to the normal contributions, and in the same 
manner as normal contributions, shall be such 
as, on the average for such member, will provide, 
assuming service without interruption under Sec- 
tion 8.546, and upon his first qualifying as to age 
and service for retirement under that section, 
one-third of the portion of his allowance, which is 
to be continued under Section 8.549, after his 
death and throughout the life of a surviving wife 
whose age at said death is three years less than 
the age of said member. If, at the date of retire- 
ment for service or retirement for disability 
resulting from injury received in performance of 
duty, said member has no wife who would qualify 
for the continuance of the allowance to her after 
the death of said member, or upon retirement 
from disability resulting from other causes re- 
gardless of his marital condition, the dependent 
contributions with accumulated interest thereon, 
shall be paid to him forthwith. The dependent 
rate of contribution, however, shall not exceed 
the difference between six percent and the 
member's normal rate of contribution, and said 
dependent rate may be taken as a flat percent- 
age of the member's normal rate, regardless of 
the age of qualification for service retirement. 

(c) There shall be deducted from each pay- 
ment of compensation made to a member under 
Section 8.544, a sum determined by appl5dng the 



member's rates of contribution to such compen- 
sation pajmient. The sum so deducted shall be 
paid forthwith to the retirement system. Said 
contribution shall be credited to the individual 
account of the member from whose salary it was 
deducted, and the total of said contributions, 
together with interest credited thereon in the 
same manner as is prescribed by the board of 
supervisors for crediting interest to contribu- 
tions of other members of the retirement system, 
shall be applied to provide part of the retirement 
allowance granted to, or allowance granted on 
account of said members or shall be paid to said 
member or his estate or beneficiary as provided 
in Sections 8.552, 8.553, and 8.554. 

(d) Contributions based on time included in 
Subsections (a), (b), (c), and (d) of Section 8.554 
and deducted prior to July 1, 1945, from compen- 
sation of persons who become members under 
Section 8.544, and standing with interest thereon, 
to the credit of such members on the records of 
the retirement system on said date, shall con- 
tinue to be credited to the individual accounts of 
said members and shall be combined with and 
administered in the same manner as the contri- 
butions deducted after said date. 

(e) The total contributions, with interest 
thereon, made by or charged against the City 
and County and standing to its credit, in the 
accounts of the retirement system, on account of 
persons who become members under Section 
8.544, shall be applied to provide the benefits 
under said section. 

(f) The City and County shall contribute to 
the retirement system such amounts as may be 
necessary, when added to the contributions re- 
ferred to in the preceding paragraphs of this 
Section 8.555, to provide the benefits payable 
under this section. Such contributions of the City 
and County to provide the portion of the benefits 
hereunder which shall be based on service ren- 
dered by each member prior to the date upon 
which his age is based for determination of his 
rate of contribution in paragraph (a), Section 
8.555 shall not be less during any fiscal year 
than the amount of such benefits paid during 
said year. Such contributions of the City and 



427 



Appendix A: Employment Provisions 



County to provide the portion of the benefits 
hereunder which shall be based on service ren- 
dered by respective members on and after the 
date stated in the next preceding sentence, shall 
be made in annual installments, and the install- 
ment to be paid in any year shall be determined 
by the application of a percentage to the total 
compensation paid during said year, to persons 
who are members under Section 8.544, said 
percentage to be the ratio of the value on July 1, 
1945, or at the late date of a periodical actuarial 
valuation and investigation into the experience 
under the system of the benefits thereafter to be 
paid under this section, from contributions of the 
City and County, less the amount of such contri- 
butions, and plus accumulated interest thereon, 
then held by said system to provide said benefits 
on account of service rendered by respective 
members after the date stated in the sentence 
next preceding, to the value at said respective 
dates of salaries thereafter payable to said mem- 
bers. Said values shall be determined by the 
actuary, who shall take into account the interest 
which shall be earned on said contributions, the 
compensation experience of members, and the 
probabilities of separation by all causes, of mem- 
bers from service before retirement and of death 
after retirement. Said percentage shall be changed 
only on the basis of said periodical actuarial 
valuation and investigation into the experience 
under the system. Said actuarial valuation shall 
be made every even-numbered year and said 
investigation into the experience under the sys- 
tem shall be made every odd-numbered year. 

(g) To promote the stability of the retire- 
ment system through a joint participation in the 
result of variations in the experience under mor- 
tality, investment and other contingencies, the 
contributions of both members and the City and 
County held by the system to provide the ben- 
efits under this section, shall be a part of the 
fund in which all other assets of said system are 
included. Nothing in this section shall affect the 
obligation of the City and County to pay to the 
retirement system any amounts which may or 
shall become due under the provisions of the 
charter prior to July 1, 1945, and which are 



represented on July 
said system by debits 



A8.558 



1, 1945, in the accounts of 
against the City and County. 



A8.556 RIGHT TO RETIRE 

Upon the completion of the years of service 
set forth in Section 8.546 as requisite to retire- 
ment, a member of the police department shall 
be entitled to retire at any time thereafter in 
accordance with the provisions of said Section 
8.546, and nothing shall deprive said member of 
said right. 

A8.557 LIMITATION ON EMPLOYMENT 
DURING RETIREMENT 

No person retired as a member under Section 
8.544 after June 30, 1945, for service or disabil- 
ity and entitled to receive a retirement allowance 
under the retirement system shall serve in any 
elective or appointive position in the City and 
County service, including membership on boards 
and commissions, nor shall such person receive 
any payment for service rendered to the City and 
County after retirement, provided that service as 
an election officer or juror shall not be affected by 
this section. 

A8.558 DEFINITION OF "FINAL 
COMPENSATION'— ALLOWANCES FIRST 
PAYABLE PRIOR TO JULY 1, 1975 

Notwithstanding any other provision of this 
charter, but solely with respect to the determi- 
nation of the amount of each retirement allow- 
ance payable to or on account of a person who 
retired for service or because of disability under 
the provisions of Section 8.544 of the charter 
prior to July 1, 1975, "final compensation," for 
time commencing on July 1, 1975, shall mean 
the rate of remuneration (excluding remunera- 
tion for overtime) attached on July 1, 1975, to the 
rank or position upon which such person's retire- 
ment allowance was determined when first effec- 
tive; provided, further, that each such allowance 
shall be increased or decreased as of July 1, 
1990, and thereafter on the effective date of any 
legislation fixing the rates of compensation for 
police officers under section 8.405 of this charter 
by an amount equal to 50 percent of the rate of 



A8.558 



San Francisco - Charter 



428 



change in the salary attached to said rank mul- 
tiphed by the allowance which was payable for 
the month immediately preceding each July 1. 

This section does not give any person retired 
under the provisions of said Section 8.544, or his 
successors in interest, any claim against the City 
and County for any increase in any retirement 
allowance paid or payable for time prior to July 
1, 1975. 

This section does not authorize any decrease 
in the amount of any allowance from the amount 
being paid as of June 30, 1975. 

No retirement allowance to which the defini- 
tion of "final compensation" as set forth in this 
section is applicable shall be subject to adjust- 
ment under the provisions of Section 8.526 for 
time commencing July 1, 1975. Contributions, 
with interest credited thereon, standing to the 
credit of a person whose retirement allowance is 
subject to the provisions of this section and 
which were made by such person pursuant to the 
provisions of Section 8.526 shall, effective July 1, 
1975, be combined with any administered in the 
same manner as such person's normal contribu- 
tions. Contributions, with interest credited 
thereon, made by or charged against the City 
and County and standing to its credit on account 
of a person whose retirement allowance is sub- 
ject to the provisions of this section and which 
were made by or charged against the City and 
County for the purposes of said Section 8.526 
shall be applied to provide the benefits under 
this section. 

A8.559 MEMBERS OF THE POLICE 
DEPARTMENT ON AND AFTER JULY 1, 
1975 

Notwithstanding the provisions of Section 
8.544 of this charter, members of the police 
department, as defined in Section 8.559-1, who 
are members of the retirement system under 
Section 8.554 on the effective date of this section 
and persons who become members of the retire- 
ment system under Section 8.544 after said 
effective date and prior to July 1, 1975, shall 
have the option, to be exercised in writing on a 
form furnished by the retirement system and to 



be filed at the office of said system not later than 
June 30, 1975, of being members of the system 
under this section instead of said Section 8.544, 
the election pursuant to said option to be effec- 
tive as of July 1, 1975; provided that such of said 
members who, during the period from the effec- 
tive date of this section through June 30, 1975, 
are absent by reason of service in the armed 
forces of the United States or by reason of any 
other service included in Section 8.520(a) of this 
charter shall have the same option of electing to 
be members under this section instead of Section 
8.544, until 90 days after their return to service 
in the police department. 

Those persons who become members of the 
police department, as defined in Section 8.559-1, 
on or after July 1, 1975, and those persons who 
elect to be members under this section as pro- 
vided in the preceding paragraph, shall be mem- 
bers of the system subject to provisions of Sec- 
tions 8.559, 8.559-1, 8.559-2, 8.559-3, 8.559-4, 
8.559-5, 8.559-6, 8.559-7, 8.559-8, 8.559-9, 8.559- 
10, 8.559-11, 8.559-12 and 8.559-13 (which shall 
apply only to members under Section 8.559) in 
addition to the provisions contained in Sections 
3.670 to 3.672, both inclusive, and Sections 8.500, 
8.510 and 8.520 of this charter, notwithstanding 
the provisions of any other section of this char- 
ter, and shall not be subject to any of the provi- 
sions of Section 8.544 of this charter. 

A8.559-1 DEFINITIONS 

The following words and phrases as used in 
this section. Section 8.559 and Sections 8.559-2 
through 8.559-13, unless a different meaning is 
plainly required by the context, shall have the 
following meanings: 

"Retirement allowance," "death allowance" or 
"allowance," shall mean equal monthly pay- 
ments, beginning to accrue upon the date of 
retirement, or upon the day following the date of 
death, as the case may be, and continuing for life 
unless a different term of payment is definitely 
provided by the context. 

"Compensation," as distinguished from ben- 
efits under the Workers' Compensation Insur- 
ance and Safety Act of the State of California, 



429 



Appendix A: Employment Provisions 



A8.559-1 



shall mean the remuneration payable in cash, by 
the City and County, without deduction except 
for absence from duty, for time during which the 
individual receiving such remuneration is a mem- 
ber of the police department, but excluding re- 
muneration paid for overtime. 

For retirement purposes, any increase in 
compensation attached to a rank which is based 
solely upon the possession of a POST certificate, 
compared to the equivalent rank without a POST 
certificate, shall be subject to the following limi- 
tations: 

(a) for possession of the intermediate POST 
certificate, no more than 4% shall be included in 
compensation, 

(b) for possession of the advanced POST 
certificate, no more than an additional 2% over 
the maximum provided in subsection (a), above, 
shall be included in compensation. 

These limits shall apply to any pay incre- 
ments which are solely attributable to the pos- 
session of a POST certificate, including but not 
limited to premiums or special ranks which may 
be established in the future and which are solely 
attributable to the possession of a POST certifi- 
cate. 

"Compensation eamable" shall mean the com- 
pensation which would have been earned had 
the member received compensation without in- 
terruption throughout the period under consid- 
eration and at the rates of remuneration at- 
tached at that time to the ranks or positions held 
by him or her during such period, it being as- 
sumed that during any absence, he or she was in 
the rank or position held by him or her at the 
beginning of the absence, and that prior to be- 
coming a member of the police department, he or 
she was in the rank or position first held by him 
or her in such department. 

"Benefit" shall include "allowance," "retire- 
ment allowance," "death allowance" and "death 
benefit." 

"Final compensation" shall mean the monthly 
compensation earnable by a member at the time 
of his or her retirement, or death before retire- 
ment, as the case may be, at the rate of remu- 
neration attached at that time to the rank or 



position which said member held, provided that 
said member has held said rank or position for at 
least one year immediately prior to said retire- 
ment or death; and provided, further, that if said 
member has not held said rank or position for at 
least one year immediately prior to said retire- 
ment or death, "final compensation," as to such 
member, shall mean the monthly compensation 
earnable by such member in the rank or position 
next lower to the rank or position which he or she 
held at the time of retirement or death at the 
rate of remuneration attached at the time of said 
retirement or death to said next lower rank or 
position; provided, however, that in the case of a 
member's death before retirement as the result 
of a violent traumatic injury received in the 
performance of his or her duty, "final compensa- 
tion," as to such member shall mean the monthly 
compensation eamable by such member at the 
rate of remuneration attached on the date he 
receives such injury to the rank or position held 
by such member on that date. 

For purposes of calculation of final compen- 
sation, any increase in pay solely attributable to 
possession of a POST certificate shall be in- 
cluded only if the member possesses the qualify- 
ing POST certificate for a period of not less than 
four (4) years prior to his or her retirement date; 
provided, however, that should a member pos- 
sess the qualifying POST certificate for a period 
of time less than four (4) years prior to retire- 
ment, final compensation shall be calculated 
based upon the monthly compensation in the 
next lower rank not requiring possession of the 
qualifying POST certificate. 

For the purpose of Sections 8.559 through 
8.559-13, the terms "member of the police depart- 
ment," "member of the department," or "mem- 
ber" shall mean any officer or employee of the 
police department, excluding such officers and 
employees as are members of the retirement 
system under Section 8.565 or Section 8.568 of 
the charter, who was or shall be subject to the 
charter provisions governing entrance require- 
ments of members of the uniformed force of said 
department, and said terms further shall mean, 
from the effective date of their employment in 
said department, persons employed on July 1, 



A8.559-1 



San Francisco - Charter 



430 



1975, regardless of age, or employed after said 
date at an age not greater than the maximmn 
age then prescribed for entrance into employ- 
ment in said uniformed force, to perform the 
duties now performed under the titles of crimi- 
nologist, photographer, police patrol driver, po- 
lice motor boat operator, woman protective of- 
ficer, police woman or jail matron. 

Any police service performed by such mem- 
bers of the police department outside the limits 
of the City and County and under orders of a 
superior officer or any such member, shall be 
considered as City and County service, and any 
disability or death incurred therein shall be 
covered under the provisions of the retirement 
system. 

"Retirement system" or "system" shall mean 
San Francisco City and County Employees' Re- 
tirement System as created in Section 8.500 of 
the charter. 

"Retirement board" shall mean "retirement 
board" as created in Section 3.670 of the charter. 

"Charter" shall mean the charter of the City 
and County of San Francisco. 

Words used in the masculine gender shall 
include the feminine and neuter gender, and 
singular numbers shall include the plural and 
the plural the singular. 

"Interest" shall mean interest at the rate 
adopted by the retirement board. (Amended No- 
vember 1998) 

A8.559-2 SERVICE RETIREMENT 

Any member of the police department who 
completes at least twenty-five (25) service in the 
aggregate and attains the age of fifty (50) years, 
said service to be computed under Section 8.559- 
10, may retire for service at his or her option. A 
member retired after meeting the service and 
age requirements in the sentence next preced- 
ing, shall receive a retirement allowance equal to 
fifty-five (55) percent of the final compensation of 
said member, as defined in Section 8.559-1, plus 
an allowance at the rate of four percent of said 
final compensation for each year of service ren- 
dered in excess of twenty-five (25) years; pro- 
vided, however, that such retirement allowance 



shall not exceed seventy-five (75) percent of said 
member's final compensation. A member retired 
after attaining the age of sixty-five (65) years, 
but before completing twenty-five (25) years of 
service in the aggregate computed under Section 
8.559-10, shall receive a retirement allowance 
which bears the same ratio to fifty (50) percent of 
the final compensation of said member, as de- 
fined in Section 8.559-1, as the service with 
which he or she is entitled to be credited bears to 
twenty-five (25) years. If, at the date of retire- 
ment for service, or retirement for disability, 
resulting from an injury received in the perfor- 
mance of duty, said member has no spouse, 
children or dependent parents, who would qualify 
for the continuance of the allowance after the 
death of said member, or with respect to the 
portion of the allowance which would not be 
continued regardless of dependents, or upon re- 
tirement for disabihty resulting from other causes, 
with respect to all of the allowance and regard- 
less of dependents at retire:ment, a member 
retired under this section or Section 8.559-3, 
may elect before the first payment of the retire- 
ment allowance is made, to receive the actuarial 
equivalent of his or her allowance or the portion 
which would not be continued regardless of de- 
pendents, as the case may be, partly in a lesser 
allowance to be received by him or her through- 
out his or her life, and partly in other benefits 
payable after his or her death to another person 
or persons, provided that such election shall be 
subject to all the conditions prescribed by the 
board of supervisors to govern similar election by 
other members of the retirement system, includ- 
ing the character and amount of such other 
benefits. 

A8.559-3 RETIREMENT FOR 
INCAPACITY 

Any member of the police department who 
becomes incapacitated for the performance of his 
duty by reason of any bodily injury received in, or 
illness caused by the performance of his duty, 
shall be retired. If he is not qualified for service 
retirement, he shall receive a retirement allow- 
ance in an amount which shall be equal to the 
same percentage of the final compensation of 



431 



Appendix A: Employment Provisions 



A8.559-4 



said member, as defined in Section 8.559-1, as 
his percentage of disability is determined to be. 
The percentage of disabihty shall be as deter- 
mined by the Workers' Compensation Appeals 
Board of the State of California upon referral 
from the retirement board for that purpose; 
provided that the retirement board may, by five 
affirmative votes, adjust the percentage of dis- 
ability as determined by said appeals board; and 
provided, further, that such retirement allow- 
ance shall be in an amount not less than 50 
percent nor more than 90 percent of the final 
compensation of said member, as defined in 
Section 8.559-1. Said allowance shall be paid to 
him until the date upon which said member 
would have qualified for service retirement had 
he lived and rendered service without interrup- 
tion in the rank held by him at retirement, and 
after said date the allowance payable shall be 
equal to the retirement allowance said member 
would have received if retired for service on said 
date based on the final compensation, as defined 
in Section 8.559-1, he would have received im- 
mediately prior to said date, had he lived and 
rendered service as assumed, but such allowance 
shall not be less than 55 percent of such final 
compensation. 

If, at the time of retirement because of dis- 
ability, he is qualified as to age and service for 
retirement under Section 8.559-2, he shall re- 
ceive an allowance equal to the retirement allow- 
ance which he would receive if retired under 
Section 8.559-2, but not less than 55 percent of 
said final compensation. Any member of the 
police department who becomes incapacitated 
for performance of his duty, by reason of a cause 
not included under the provisions of the imme- 
diately preceding sentences, and who shall have 
completed at least 10 years of service in the 
aggregate, computed as provided in Section 8.559- 
10, shall be retired upon an allowance of one and 
one-half percent of the final compensation of said 
member as defined in Section 8.559-1 for each 
year of service, provided that said allowance 
shall not be less than 33 Va percent of said final 
compensation; provided, however, that if such 
member has completed at least 25 years of ser- 
vice in the aggregate, computed as provided in 



Section 8.559-10, but has not yet attained the 
age of 50 years, he shall receive an allowance 
equal to the retirement allowance he would have 
received if he had attained the age of 50 years 
and retired under Section 8.559-2 as of the date 
of retirement for such incapacity. The question of 
retiring a member under this section may be 
brought before the retirement board on said 
board's own motion, by recommendation of the 
police commission, or by said member or his 
guardian. If his disability shall cease, his retire- 
ment allowance shall cease, and he shall be 
restored to the service in the rank he occupied at 
the time of his retirement. 

A8.559-4 DEATH ALLOWANCE 

If a member of the police department shall 
die before or after retirement by reason of an 
injury received in, or illness caused by the per- 
formance of his duty, a death allowance, in lieu of 
any allowance payable under any other section of 
the charter or by ordinance, on account of death 
resulting from injury received in or illness caused 
by the performance of duty, shall be paid, begin- 
ning on the date next following the date of death, 
to his surviving wife throughout her life or until 
her remarriage. If the member, at the time of 
death, was qualified for service retirement, but 
had not retired, the allowance payable shall be 
equal to the retirement allowance which the 
member would have received if he had been 
retired for service on the day of death, but such 
allowance shall not be less than 55 percent of the 
final compensation earnable by said member 
immediately preceding death. If death occurs 
prior to qualification for service retirement, the 
allowance payable shall be equal to the final 
compensation of said member at the date of 
death, until the date upon which said member 
would have qualified for service retirement, had 
he lived and rendered service without interrup- 
tion in the rank held by him at death, and after 
said date the allowance payable shall be equal to 
the retirement allowance said member would 
have received if retired for service on said date, 
based on the final compensation he would have 
received immediately prior to said date, had he 
lived and rendered service as assumed, but such 



A8.559-4 



San Francisco - Charter 



432 



allowance shall not be less than 55 percent of 
such monthly final compensation. If he had re- 
tired prior to death, for service or for disability 
resulting from injury received in, or illness caused 
by the performance of duty, the allowance pay- 
able shall be equal to the retirement allowance of 
the member, except that if he was a member 
under Section 5.559 and retirement was for such 
disability, and if death occurred prior to qualifi- 
cation for the service retirement allowance, the 
allowance continued shall be reduced upon the 
date at which said member would have qualified 
for service retirement, in the same manner as it 
would have been reduced had the member not 
died. If there be no surviving wife entitled to an 
allowance hereunder, or if she dies or remarries 
before every child of such deceased member 
attains the age of 18 years, then the allowance 
which the surviving wife would have received 
had she lived and not remarried shall be paid to 
his child or children under said age, collectively, 
to continue until every such child dies or attains 
said age, provided that no child shall receive any 
allowance after marrying or attaining the age of 
18 years. Should said member leave no surviving 
wife and no children under the age of 18 years, 
but leave a parent or parents dependent upon 
him for support, the parents so dependent shall 
collectively receive a monthly allowance equal to 
that which a surviving widow otherwise would 
have received, during such dependency. No al- 
lowance, however, shall be paid under this sec- 
tion to a surviving wife following the death of a 
member unless she was married to the member 
prior to the date of the injury or onset of the 
illness which results in death. 

A8.559-5 PAYMENT TO SURVIVING 
DEPENDENTS 

Upon the death of a member of the police 
department resulting from any cause, other than 
an injury received in, or illness caused by perfor- 
mance of duty; 

(a) if his death occurred after qualification 
for service retirement, under Section 8.559-2, or 
after retirement for service or because of disabil- 
ity which resulted from any cause other than an 
injury received in, or illness caused by perfor- 



mance of duty, three-fourths of his retirement 
allowance to which the member would have been 
entitled if he had retired for service at the time of 
death or three-fourths of the retirement allow- 
ance as it was at his death, as the case may be, 
shall be continued throughout life or until mar- 
riage to his surviving wife; or 

(b) if his death occurred after the comple- 
tion of at least 25 years of service in the aggre- 
gate but prior to the attainment of the age of 50 
years, three-fourths of the retirement allowance 
to which he would have been entitled under 
Section 8.559-2 if he had attained the age of 50 
years on the date of his death shall be continued 
throughout life or until remarriage to his surviv- 
ing wife; or 

(c) if his death occurred after retirement for 
disability by reason of injury received in, or 
illness caused by performance of duty, his retire- 
ment allowance as it was at his death shall be 
continued throughout life or until remarriage, to 
his surviving wife, except that, if death occurred 
prior to qualification for service retirement al- 
lowance, the allowance continued shall be ad- 
justed upon the date of which said member 
would have qualified for service retirement, in 
the same manner as it would have been adjusted 
had the member not died; or 

(d) if his death occurred after completion of 
at least 10 years of service in the aggregate, 
computed as provided in Section 8.559-10, an 
allowance in an amount equal to the retirement 
allowance to which the member would have been 
entitled pursuant to Section 8.559-3 if he had 
retired on the date of death because of incapacity 
for performance of duty resulting from a cause 
other than bodily injury received in, or illness 
caused by performance of duty shall be paid 
throughout life or until remarriage to his surviv- 
ing wife. If there be no surviving wife entitled to 
an allowance hereunder, or if she dies or remar- 
ries before every child of such deceased member 
attains the age of 18 years, then the allowance 
which the surviving wife would have received 
had she lived and not remarried shall be paid to 
his child or children under said age, collectively, 
to continue until every such child dies or attains 



433 



Appendix A: Employment Provisions 



A8.559-8 



said age, provided that no child shall receive any 
allowance after marrying or attaining the age of 
18 years. Should said member leave no surviving 
wife and no children under age of 18 years, but 
leave a child or children, regardless of age, 
dependent upon him for support because par- 
tially or totally disabled and unable to earn a 
livelihood or a parent or parents dependent upon 
him for support, the child or children and the 
parents so dependent shall collectively receive a 
monthly allowance equal to that which a surviv- 
ing wife otherwise would have received, during 
such dependency. No allowance, however, shall 
be paid under this section to a surviving wife 
unless she was married to the member prior to 
the date of the injiuy or onset of the illness which 
results in death if he had not retired, or unless 
she was married to the member at least one year 
prior to his death if he had retired. 

As used in this section and Section 8.559-4, 
"surviving wife" shall mean and include a sur- 
viving spouse, and shall also mean and include a 
spouse who has remarried since the death of the 
member, but whose remarriage has been termi- 
nated by death, divorce or annulment within five 
years after the date of such remarriage and who 
has not thereafter again remarried. 

The surviving wife, in the event of death of 
the member after qualification for but before 
service retirement, may elect before the first 
pajnnent of the allowance, to receive the benefit 
provided in Section 8.559-8, in lieu of the allow- 
ance which otherwise would be continued to her 
under this section. If there be no surviving wife, 
the guardian of the eligible child or children may 
make such election, and if there be no such 
children, the dependent parent or parents may 
make such election. "Qualified for service retire- 
ment," "Qualification for service retirement" or 
"Qualified as to age and service for retirement," 
as used in this section and other sections to 
which persons who are members under Section 
8.559 are subject, shall mean completion of 25 
years of service and attainment of age 50, said 
service to be computed under Section 8.559-10. 

A8.559-6 AD JUSTMENT OF 
ALLOWANCES 

Every retirement or death allowance payable 
to or on account of any member under Section 



8.559 shall be increased or decreased as of July 
1, 1990, and thereafter on the effective date of 
any legislation fixing the rates of compensation 
for police officers under section 8.405 of this 
charter by an amount equal to 50 percent of any 
increase or decrease, respectively, in the rate of 
remuneration attached to the rank or position 
upon which such retirement or death allowance 
was based; provided, however, that no allowance 
shall be reduced below the amount being re- 
ceived by a member or his beneficiary on June 
30, 1976, or on the date such member or benefi- 
ciary began to receive the allowance, whichever 
is later. 

A8.559-7 ADJUSTMENT FOR 
COMPENSATION PAYMENTS 

That portion of any allowance payable be- 
cause of the death or retirement of any member 
of the police department which is provided by 
contributions of the ■ City and County, shall be 
reduced in the manner fixed by the board of 
supervisors, by the amount of any benefits other 
than medical benefits, payable by the City and 
County to or on account of such person, under 
any workers' compensation law or any other 
general law and because of the injury or illness 
resulting in said death or retirement. Such por- 
tion which is paid because of death or retirement 
which resulted from injury received in or illness 
caused by performance of duty, shall be consid- 
ered as in lieu of all benefits, other than medical 
benefits, payable to or on account of such person 
under such law and shall be in satisfaction and 
discharge of the obligation of the City and County 
to pay such benefits. 

A8.559-8 DEATH BENEFIT 

If a member of the police department shall 
die, before retirement from causes other than an 
injury received in or illness caused by the perfor- 
mance of duty, or regardless of cause, if no 
allowance shall be payable under Section 8.559-4 
or 8.559-5 preceding, a death benefit shall be 
paid to his estate or designated beneficiary, the 
amount of which and the conditions for the 
payment of which shall be determined in the 
manner prescribed by the board of supervisors 



A8.559-8 



San Francisco - Charter 



434 



for the death benefit of other members of the 
retirement system. Upon the death of a member 
after retirement and regardless of the cause of 
death, a death benefit shall be paid to his estate 
or designated beneficiary the amount of which 
and the conditions for the pajnnent of which 
shall be determined in the manner prescribed by 
the board of supervisors for the death benefit of 
other members of the retirement system. 

A8.559-9 REFUNDS AND REDEPOSITS 

Should any member of the police department 
cease to be employed as such a member, through 
any cause other than death or retirement or 
transfer to another office or department, all of 
his or her contributions, with interest credited 
thereon, shall be refunded to him or her subject 
to the conditions prescribed by the board of 
supervisors to govern similar terminations of 
employment of other members of the retirement 
system. If he or she shall again become a mem- 
ber of the department, he or she shall redeposit 
in the retirement fund, the amount refunded to 
him or her. Should a member of the police 
department become an employee of any other 
office or department, his or her accumulated 
contribution account shall be adjusted by pay- 
ments to or from him or her as the case may be to 
make the accumulated contributions credited to 
him or her at the time of change, equal to the 
amount which would have been credited to him 
or her if he or she had been employed in said 
other office or department at the rate of compen- 
sation received by him or her in the police 
department and he or she shall receive credit for 
service for which said contributions were made, 
according to the charter section under which his 
or her membership in the retirement system 
continues. 

A8.559-10 COMPUTATION OF SERVICE 

The following time shall be included in the 
computation of the service to be credited to a 
member of the police department for the pur- 
poses of determining whether such member quali- 
fied for retirement and calculating benefits, ex- 
cluding, however, any time, the contributions for 
which were withdrawn by said member upon 



termination of his service while he was a mem- 
ber under any other charter section, and not 
redeposited upon reentry into service: 

(a) Time during and for which said member 
is entitled to receive compensation because of 
services as a member of the fire or police depart- 
ment. 

(b) Time during which said member served 
and received compensation as a jail matron in 
the office of the sheriff. 

(c) Time during which said member is en- 
titled to receive compensation while a member of 
the retirement system, because of service ren- 
dered in other offices and departments prior to 
July 1, 1949, provided that accumulated contri- 
butions on account of such service previously 
refunded, are redeposited, with interest from 
date of refund to date of redeposit, at times and 
in the manner fixed by the retirement board; and 
solely for purpose of determining qualification 
for retirement under Section 8.559-3 for disabil- 
ity not resulting from injury received in, or 
illness caused by performance of duty, time dur- 
ing which said member serves, after July 1, 
1949, and receives compensation because of ser- 
vices rendered in other offices and departments. 

(d) Time during which said member is ab- 
sent from a status included in Subsections (a), 
(b), or (c) next preceding, by reason of service in 
the armed forces of the United States of America, 
or by reason of any other service included in 
Section 8.520 of the charter, during any war in 
which the United States was or shall be engaged 
or during other national emergency, and for 
which said member contributed or contributes to 
the retirement system or for which the City and 
County contributed or contributes on his ac- 
count. 

A8.559-11 SOURCES OF FUNDS 

All payments provided for members under 
Section 8.559 shall be made from funds derived 
from the following sources, plus interest earned 
on said funds; 

(a) The normal rate of contribution for each 
member under Section 8.559 shall be based on 
his age taken to the next lower complete quarter 



435 



Appendix A: Employment Provisions 



A8.559-11 



year, (1) at the date he became a member under 
Section 8.544, in the case of persons who are 
members under that section, or (2) on his age at 
the date he becomes a member under Section 
8.559 in the case of persons who become mem- 
bers on or after July 1, 1973, without credit for 
service counted under Section 8.559-10. The age 
of entrance into the poHce department shall be 
determined by deducting the member's service 
credited under Section 8.559-10 as rendered prior 
to the date upon which his age is based for 
determination of his rate of contribution accord- 
ing to the sentence next preceding, from said 
age. The normal rate of contribution of each such 
member, to be effective from the effective date of 
membership under Section 8.559, shall be such 
as, on the average for such member, will provide, 
assuming service without interruption, under 
Section 8.559-2, one-third of that portion of the 
service retirement allowance to which he would 
be entitled, without continuance to dependents, 
upon first qualif3dng as to age and service for 
retirement under that section, which is based on 
service rendered after the date upon which his 
age is based for determination of his rate of 
contribution according to the first sentence in 
this paragraph, and assuming the contribution 
to be made from that date. The normal rate of 
contribution, however, shall not exceed seven 
percent. 

(b) The dependent contributions of each 
member under this section which shall be re- 
quired of each member throughout his member- 
ship in addition to the normal contributions, and 
in the same manner as normal contributions, 
shall be such as, on the average for such member, 
will provide, assuming service without interrup- 
tion under Section 8.559-2, and upon his first 
qualifying as to age and service for retirement 
under that section, one-third of the portion of his 
allowance, which is to be continued under Sec- 
tion 8.559-5 after his death and throughout the 
life of a surviving wife whose age at said death is 
three years less than the age of said member. If, 
at the date of retirement for service or retire- 
ment for disability resulting from injury received 
in performance of duty, said member has no wife 
who would qualify for the continuance of the 



allowance to her after the death of said member, 
or upon retirement for disability resulting from 
other causes, regardless of his marital condi- 
tions, the dependent contributions with accumu- 
lated interest thereon, shall be paid to him 
forthwith. The dependent rate of contribution, 
however, shall not ex:ceed the difference between 
seven percent and tlie member's normal rate of 
contribution, and said dependent rate may be 
taken as a flat perceintage of the member's nor- 
mal rate, regardless of the age of qualification for 

service retirement, i 

j 

(c) There shall be deducted from each pay- 
ment of compensation made to a member under 
this section, a sum determined by applying the 
member's rates of contribution to such compen- 
sation pajnnent. The sum so deducted shall be 
paid forthwith to the retirement system. Said 
contribution shall be credited to the individual 
account of the member from whose salary it was 
deducted, and the total of said contributions, 
together with interest credited thereon in the 
same manner as is prescribed by the board of 
supervisors for crediting interest to contribu- 
tions of other member of the retirement system, 
shall be applied to provide part of the retirement 
allowance granted to, or allowance granted on 
account of said member, or shall be paid to said 
member or his estate or beneficiary as provided 
in Sections 8.559-8, 8.559-9 and 8.559-10. 

(d) Contributions based on time included in 
Subsections (a), (b) and (c) of Section 8.559-10, 
and deducted prior to July 1, 1975, from compen- 
sation of persons who become members under 
Section 8.559, and standing with interest thereon, 
to the credit of such members on the records of 
the retirement system on said date, together 
with contributions made by such members pur- 
suant to the provisions of Section 8.526 and 
standing with interest thereon to the credit of 
such members on the records of the retirement 
system on said date, shall continue to be credited 
to the individual accounts of said members and 
shall be combined with and administered in the 
same manner as the; contributions deducted af- 
ter said date. 



A8.559-11 



San Francisco - Charter 



436 



(e) The total contributions, with interest 
thereon, made by or charged against the City 
and County and standing to its credit, in the 
accounts of the retirement system, on account of 
persons who become members under Section 
8.559, shall be applied to provide the benefits 
under said Section 8.559. 

(f) The City and County shall contribute to 
the retirement system such amounts as may be 
necessary, when added to the contributions re- 
ferred to in the preceding paragraphs of this 
Section 8.559-11 to provide the benefits payable 
to members under Section 8.559. Such contribu- 
tions of the City and County to provide the 
portion of the benefits hereunder which shall be 
based on service rendered by each member prior 
to the date upon which his age is based for 
determination of his rate of contribution in Sub- 
section (a) of this Section 8.559-11, shall not be 
less during any fiscal year than the amount of 
such benefits paid during said year. Such contri- 
butions of the City and County to provide the 
portion of the benefits hereunder which shall be 
based on service rendered by respective mem- 
bers on and after the date stated in the next 
preceding sentence, shall be made in annual 
installments, and the installment to be paid in 
any year shall be determined by the application 
of a percentage to the total compensation paid 
during said year, to persons who are members 
under Section 8.559, said percentage to be the 
ratio of the value on July 1, 1975, or at the later 
date of a periodical actuarial valuation and in- 
vestigation into the experience under the sys- 
tem, of the benefits thereafter to be paid under 
this section, from contributions of the City and 
County, less the amount of such contributions, 
and plus accumulated interest thereon, then 
held by said systems to provide said benefits on 
account of service rendered by respective mem- 
bers after the date stated in the sentence next 
preceding, to the value of said respective dates of 
salaries thereafter payable to said members. 
Said values shall be determined by the actuary, 
who shall take into account the interest which 
shall be earned on said contributions, the com- 
pensation experience of members, and the prob- 
abilities of separation by all causes, of members 



from service before retirement and of death after 
retirement. Said percentage shall be changed 
only on the basis of said periodical actuarial 
valuation and investigation into the experience 
under the system. Said actuarial valuation shall 
be made every even-numbered year and said 
investigation into the experience under the sys- 
tem shall be every odd-numbered year. 

(g) To promote the stability of the retire- 
ment system through a joint participation in the 
result of variations in the experience under mor- 
tality, investment and other contingencies the 
contributions of both members and the City and 
County held by the system to provide the ben- 
efits under this section, shall be a part of the 
fund in which all other assets of said system are 
included. Nothing in this section shall affect the 
obligations of the City and County to pay to the 
retirement system any amounts which may or 
shall become due under the provisions of the 
charter prior to July 1, 1975, and which are 
represented on said effective date, in the ac- 
counts of said system by debits against the City 
and County. 

A8.559-12 RIGHT TO RETIRE 

Upon the completion of the years of service 
set forth in Section 8.559-2 as requisite to retire- 
ment, a member of the police department shall 
be entitled to retire at any time thereafter in 
accordance with the provisions of said Section 
8.559-2, and nothing shall deprive said member 
of said right. 

A8.559-13 LIMITATION IN 
EMPLOYMENT DURING RETIREMENT 

Except as otherwise provided in section 8.511 
of this charter, no person retired as a member 
under Section 8.559 for service or disability and 
entitled to receive a retirement allowance under 
the retirement system shall serve in any elective 
or appointive position in the City and County 
service, including membership on boards and 
commissions, nor shall such person receive any 
pajnnent for service rendered to the City and 
County after retirement, provided that service as 
an election officer or juror, or in the preparation 
for, or the giving of, testimony as an expert 



437 



Appendix A: Employment Provisions 



A8.559-14 



witness for or on behalf of the City and County of 
San Francisco before any court or legislative 
body shall not be affected by this section. 

A8.559-14 RIGHT TO TRANSFER 

Notwithstanding any provisions of this char- 
ter to the contrary, any person who, on or after 
January 1, 1981, is a member of the Police 
Department, and is a member of the Retirement 
System under Charter Section 8.559, may be- 
come a member of the Retirement System under 
Charter Section 8.586 by filing in writing with 
the Retirement System no later than December 
31, 1981, an executed waiver of all benefits 
which might inure to him under Charter Section 
8.559. This waiver must be without right of 
revocation and on a form furnished by the retire- 
ment system. The Retirement Board may re- 
quire that this waiver be executed by additional 
persons before it becomes operative. 

This transfer will be effective July 1, 1980. 
Those persons so electing to become members 
under Charter Section 8.586 shall receive service 
credit under Charter Section 8.586 equal to their 
service credit under Charter Section 8.559 as of 
June 30, 1980. 

Those persons so electing to become members 
under Charter Section 8.586 shall not be subject 
to any of those provisions of Charter Section 
8.559asof July 1, 1980. 

Notwithstanding the provisions of Charter 
Section 8.526, the cost of living adjustment in 
any given year prior to January 1, 2000 for those 
persons electing this transfer to Charter Section 
8.586 shall not exceed the provisions of Charter 
Section 8.526 as they existed on July 1, 1980. 

Those persons so electing to transfer mem- 
bership from Charter Section 8.559 to Charter 
Section 8.586 shall receive a monetary consider- 
ation not to exceed $40,000 calculated at the rate 
of $2,500 for each year of said service credit up to 
ten years and then at the rate of $1000 for each 
additional year of said service credit. This mon- 
etary consideration shall be paid from said 
member's contribution account including any 
interest thereon. When said member's contribu- 



tion account is depleted, the balance shall be 
paid from the City and County contributions 
held by the retirement system. 

This consideration shall be payable January 
1, 1982. Alternatively, an employee may elect to 
receive payments according to a schedule estab- 
lished by the Retirement Board. 

Notwithstanding any other charter or ordi- 
nance provisions, a member transferring pursu- 
ant to this section shall be eligible to receive any 
benefits payable because of an increase in ben- 
efits approved by the voters for other members 
under Charter Section 8.586, provided, however, 
that said member repays with interest the mon- 
etary consideration he or she received in making 
this transfer, offset by the amount of said member's 
own account in the Retirement System under 
Charter Section 8.559. Interest on the repay- 
ment amount shall be charged at the rate cred- 
ited to member accounts from January 1, 1981 
until repayment or effective date of retirement. 
Members shall have the option of making said 
repajrment either through a lump-sum payment, 
payroll deduction or through an actuarial offset 
against any benefits payable because of an in- 
crease in benefits subsequent to July 1, 1980. 

The amendments to this section contained in 
the proposition submitted to the electorate on 
November 2, 1999 shall apply only to active and 
retired members on November 2, 1999 and con- 
stitute a prospective increase in benefits to such 
members subject to repajnnent in accordance 
with the provisions of the preceding paragraph. 
Upon repayment, retirees shall have their ben- 
efits recalculated under Charter Section 8.586 as 
in force at the date of their retirement. These 
recalculated benefits shall be first payable on 
and after November 2, 1999. No retired member 
shall become eligible under said amendments for 
any retroactive pajnnents. Notwithstanding the 
preceding sentences, the provisions in Charter 
Section 8.586-3 for recalculation on the date 
upon which said member would have qualified 
for service retirement ("QSR") shall use the pro- 
visions of Charter Section 8.586 at QSR. (Amended 
November 1999) 



A8.559-15 



San Francisco - Charter 



438 



A8.559-15 VESTING 

Should any member of the poHce department 
who is a member of the Retirement System 
under charter section 8.559, with five years of 
credited service, cease to be so employed, through 
any cause other than death or retirement, he or 
she shall have the right to elect, without right of 
revocation and within 90 days after termination 
of said service, to allow his or her accumulated 
contributions including interest to remain in the 
retirement fund and to receive a retirement 
benefit calculated at termination, defined as that 
proportion of the normal service retirement ben- 
efit that his or her accrued service credit bears to 
25 years, payable beginning at age 50. 

Any member of the police department con- 
victed of a crime involving moral turpitude com- 
mitted in connection with his or her duties as a 
member of the police department shall, upon 
termination of his or her employment pursuant 
to the provisions of this charter, forfeit all right 
to any benefits under this section except refund 
of his or her accumulated contributions. 

Every retirement or death allowance payable 
to or on account of any member under Section 
8.559-15 shall be adjusted in accordance with the 
provisions of Section 8.559-6 provided that if the 
member's accrued service credit is less than 25 
years the section 8.559-6 adjustment will be 
multiplied by a fraction where the denominator 
is 25 and the numerator is equal to the member's 
accrued service credit at the date of termination. 

A8.560 DEFINITION, MEMBERS OF 
FIRE AND POLICE DEPARTMENT 

For the purpose of the retirement system, 
any officer or employee of the police or the fire 
departments whose employment therein began 
prior to January 1, 1900, or whose employment 
therein began on or shall begin after that date 
and was or shall be subject to a charter maxi- 
mum age at the time of employment of not over 
35 years, shall be considered to be a member of 
the police department or the fire department, 
respectively. Any fire or police service outside the 
limits of the City and County performed by a 
member of the retirement system and under 



orders of a superior officer of any such member, 
shall be considered as City and County service, 
and any disability or death incurred therein 
shall be covered under the provisions of the 
retirement system. 

A8.561 PENSION PROVISIONS- 
DEPENDENT OF MEMBERS OF FIRE 
AND POLICE DEPARTMENTS KILLED IN 
LINE OF DUTY 

If a member of the fire or police departments, 
as defined in the charter for the purposes of the 
retirement system, or a member of the salvage 
corps in the fire department, or any person 
employed by the City and County to perform 
duties now performed under the titles of pilots of 
fireboats, marine engineer of fireboats, or ma- 
rine fireman of fireboats, all of whom are here- 
inafter designated as members, shall die before 
or after retirement as a result of an injury 
received in, or illness caused by the performance 
of his duty, a monthly allowance, in lieu of any 
allowance payable under any other section of the 
charter or by ordinance, shall be paid, beginning 
on the date next following the date of death, to 
his surviving wife throughout her life or until 
her remarriage. If the member, at the time of 
death, was qualified for service retirement, but 
had not retired, the allowance payable shall be 
equal to the retirement allowance which the 
member would have received if he had been 
retired for service on the day of death, but such 
allowances shall not be less than one-half of the 
average monthly compensation earnable by said 
member during the three years immediately 
preceding death, and if he had retired prior to 
death, the allowance payable shall be equal to 
the retirement allowance of the member. If death 
occurs prior to qualification for service retire- 
ment, the allowance payable shall be equal to the 
compensation of said member at the date of 
death, until the date upon which said member 
would have qualified for service retirement, had 
he lived and rendered service without interrup- 
tion in the rank held by him at death, and after 
said date the allowance payable shall be equal to 
the retirement allowance said member would 
have received if retired for service on said date, 



439 



Appendix A: Employment Provisions 



A8.562 



based on the average monthly compensation he 
would have received during the three years im- 
mediately prior to said date, had he lived and 
rendered service as assumed, but such allowance 
shall not be less than one-half of such average 
monthly compensation. If there be no surviving 
wife entitled to an allowance hereunder, of if she 
die or remarry before every child of such de- 
ceased member attains the age of 18 years, then 
the allowance which the surviving wife would 
have received had she lived and not remarried 
shall be paid to his child or children under said 
age, collectively, to continue until every such 
child dies or attains said age, provided that no 
child shall receive any allowance after manying 
or attaining the age of 18 years. Should said 
member leave no surviving wife and no children 
under the age of 18 years, but leave a parent or 
parents dependent upon him for support, the 
parents so dependent shall collectively receive a 
monthly allowance equal to that which a surviv- 
ing widow otherwise would have received, dur- 
ing such dependency. No allowance, however, 
shall be paid under this subsection to a surviving 
wife following the death of a member unless she 
was married to the member prior to the date of 
the injury or onset of the illness which result in 
death. 

Benefits provided under this section shall be 
in lieu of all benefits payable under other sec- 
tions of the charter upon death of such member 
resulting from an injury received in, or illness 
caused by the performance of duty, except the 
five hundred dollar benefit payable upon death 
after retirement. 

Contributions to provide the allowance under 
this section shall be made to the San Francisco 
City and County Employees' Retirement System 
by the City and County. The amount of the 
contribution shall be determined and pajnnent to 
the system shall be made in the same manner as 
contributions are determined and paid which are 
required for other benefits provided under the 
retirement system for the respective groups of 
members who are included under this section. 

Notwithstanding any other provision of this 
charter, any member of the salvage corps in the 



fire department, or any person employed by the 
City and County to perform duties now per- 
formed under the titles of pilot of fire boats, 
marine engineer of fire boats, or marine fireman 
of fire boats, who becomes incapacitated for 
performance of his duty by reason of any bodily 
injury received in, or illness caused by, the per- 
formance of his duty, shall receive the same 
benefits as members of the fire department who 
are members of the retirement system under 
Section 8.567 of the charter. 

A8.562 CREDIT FOR SERVICE IN 
UNDERWRITERS' FIRE PATROL 

Any person who is a member under Section 
8.568 on February 1, 1970, and who was em- 
ployed in the uniformed force of the Underwrit- 
ers' Fire Patrol of San Francisco prior to becom- 
ing such a member shall have the right to elect to 
make contributions pursuant to this section and 
to receive credit as service under the retirement 
system for all or any part of the time he was so 
employed. 

Said election shall be made in writing on a 
form provided by the retirement system and filed 
with the retirement board within 90 days after 
February 1, 1970. 

Any such member who elects to make contri- 
butions and receive such credit shall contribute 
to the retirement fund an amount equal to the 
sum of: 

(a) contributions computed by applying the 
rate of contribution applicable to him on the date 
he elected to receive credit for such service to the 
monthly compensation earnable by him on said 
date multiplied by the number of months of such 
service for which he has elected to receive credit; 
and 

(b) interest on the unpaid balance of said 
contributions, commencing on the date of the 
member's election to make such contributions, at 
the rate of interest currently being used from 
time to time under the retirement system. 



Payment of the 
this section shall be 
installment payments 



contributions required by 

made in a lump sum or by 

Installment payments shall 



be made at times and in a manner fixed by the 



A8.562 



San Francisco - Charter 



440 



retirement board, provided that the period for 
completion of such payments shall not extend 
beyond the effective date of the member's retire- 
ment. 

Upon completion of payment of contributions 
in the amount specified in this section, the mem- 
ber shall be credited with service under the 
retirement system in an amount equal to the 
service for which he has elected to receive credit 
pursuant to this section. The service with which 
the member is so credited shall be credited as 
current service. 

A8.565 MEMBERS OF FIRE 
DEPARTMENT ON JANUARY 8, 1932 

Persons who are members of the fire depart- 
ment on the eighth day of January, 1932, shall 
become members of the retirement system on the 
date, subject only to the following provisions, in 
addition to the provisions contained in Sections 
3.670-3.672, 8.500-8.502, 8.510, 8.511, 8.520, and 
8.560 of this charter. 

(a) Any member of the fire department who 
shall have completed 25 years of continuous 
service as a member of the fire department next 
preceding the date of his retirement, or any 
member of the fire department who shall have 
reached the age of 55 years and shall have 
completed 20 years of continuous service as a 
member of the fire department next preceding 
the date of his retirement, may retire fi'om 
service at his option. Any member of the fire 
department who shall become physically dis- 
abled by reason of any bodily injury received in 
the performance of his duty may be retired fi:om 
service on satisfactory proof thereof. The retire- 
ment board, by unanimous vote, may retire from 
service any aged, disabled or infirm member of 
the fire department who has arrived at the age of 
60 years and who has completed 20 years of 
continuous service as a member of the depart- 
ment next preceding such age, who may be 
ascertained to be, by reason of such age, infir- 
mity or other disability, unfit for the perfor- 
mance of his duties. 

Such retired member shall receive a monthly 
pension, payable throughout his life, equal to 



one-half the amount of the salary attached to the 
rank held by him three years prior to the date of 
his retirement hereinafter referred to as "pen- 
sion" in this and the following section; provided 
that where such retirement is based on disability 
alone, in case the disability of such member shall 
cease, his pension shall cease, and he shall be 
restored to service in the rank he occupied at the 
time of his retirement. Should any said retired 
member die leaving a widow, who shall have 
been married to the decedent at least one year 
prior to the date of his retirement, such widow 
shall, as long as she may live and remain unmar- 
ried, be paid said pension; provided, further, that 
the widow of any said retired member who 
married said member after the effective date of 
his retirement and at least one year prior to his 
death shall be paid pension for time after Decem- 
ber 31, 1974, as long as she may live and remain 
unmarried; provided, farther, that should widow 
die leaving a child or children under the age of 16 
years, said pension shall continue to be paid such 
children collectively until the youngest child 
arrives at the age of 16 years; and provided 
further, that should said retired member die 
leaving no widow but leaving an orphan child or 
children under the age of 16 years, such child or 
children collectively shall receive said pension 
until the youngest child attains the age of 16 
years. 

(b) The family of any member of the fire 
department who shall die as a result of any 
injury received during the performance of his 
duty, or from sickness clearly, unmistakably and 
directly caused by and resulting from the dis- 
charge of such duty, or while eligible for a pen- 
sion on account of years of service in the depart- 
ment, or who has served 20 consecutive years in 
the department and attained the age of 55 years, 
shall receive the following benefits. 

First, should the decedent leave a widow to 
whom he was married prior to the date of the 
injury resulting in death, his widow shall, as 
long as she may live and remain unmarried, be 
paid a monthly pension equal to one- half of the 
salary attached to the rank held by the decedent 
at the time of his said injury; provided that the 
widow of any said retired member who married 



441 



Appendix A: Employment Provisions 



A8.565 



said member after the effective date of his retire- 
ment and at least one year prior to his death 
shall be paid pension for time after December 31, 
1974, as long as she may live and remain unmar- 
ried; provided, however, that should said widow 
die, leaving a child or children under the age of 
16 years, said pension shall continue to such 
child or children collectively until the youngest 
child arrives at the age of 16 years. 

Second, should the decedent leave no widow, 
but leave an orphan child or children under the 
age of 16 years, such child or such children 
collectively shall receive said pension until the 
youngest child attains the age of 16 years. 

Third, should the decedent leave no widow 
and no orphan child or children, but leave a 
parent or parents dependent solely upon him for 
support, such parents so depending shall collec- 
tively receive said pension during such time as 
the retirement board may unanimously deter- 
mine its necessity. 

(c) When any member of the department 
shall die from natural causes and before retire- 
ment, and when no pension is payable to his 
widow or children, there shall be paid to his 
estate or beneficiary a death benefit, the amount 
of which and the conditions for the pa3niient of 
which shall be determined in the manner pre- 
scribed by the board of supervisors for the death 
benefit of other members of the retirement sys- 
tem. 

Upon the death of a member after retirement 
and regardless of the cause of death, a death 
benefit shall be paid to his estate or designated 
beneficiary, the amount of which and the condi- 
tions for payment of which shall be determined 
in the manner prescribed by the board of super- 
visors for the pajrment of a similar death benefit 
upon the death of other retired members. 

(d) In addition to the other contributions 
required of the City and County under the retire- 
ment system, the City and County shall contrib- 
ute to the retirement system during each fiscal 
year a sum which shall be equal to the liabilities 
accruing under the retirement system because of 
service rendered during such year by persons 
becoming members on the eighth day of January, 



1932, under this section. If, subsequent to such 
fiscal year, it shall be determined that such 
contribution by the City and County was not 
sufficient to meet such liability, then the City 
and County shall niake such additional contri- 
bution as may be necessary to make up the 
deficit. 

(e) No benefits khall be provided under the 
retirement system for, nor shall any contribu- 
tions be required of, persons who become mem- 
bers of the retirement system under this section, 
in addition to the benefits specifically provided 
and contributions specifically required in such 
section. Any pension payable because of the 
death or retirement of any such person shall be 
reduced in the manner fixed by the board of 
supervisors, by the amount of any benefits pay- 
able to or on account of such person, under the 
Workers' Compensation Insurance and Safety 
Law of the State of California. 

(f) Persons who are members of the fire 
department on the eighth day of January, 1932, 
shall have the option, to be exercised in writing 
on or before the first day of July, 1932, of becom- 
ing members of the retirement system under the 
provisions of Section 8.567, which applies to 
persons who become members of the department 
after the eighth day of January, 1932. If such 
persons shall affirmatively exercise such option 
within the time specified, then they shall not 
receive any benefit Under this section, but shall 
become members of the retirement system and 
shall receive benefits and make contributions on 
the same basis as persons who become members 
of the department after the eighth day of Janu- 
ary, 1932, provided that a pension for each per- 
son affirmatively exercising such option shall be 
payable on account of service rendered to the 
City and County prior to the eighth day of 
January, 1932, by contributions of the City and 
County, which pension shall be the same percent- 
age, regardless of the age of retirement of his 
final compensation, as defined by the board of 
supervisors, for each year of service, as the 
contributions of the member and the City and 
County are calculated to provide upon retire- 
ment at age 55 for each year of service rendered 
as a member of the retirement system. 



A8.565 



San Francisco - Charter 



442 



The amendments of Subsections (a), and (b), 
of this section contained in the proposition there- 
for submitted to the electorate on November 5, 
1974, do not and shall not give any person any 
claim against the City and County for any pen- 
sion for time prior to January 1, 1975. 

A8.566 FIRE DEPARTMENT— RETIRED 
MEMBERS AND BENEFICIARIES ON 
JANUARY 8, 1932 

Any member of the fire department who shall 
have been retired on or after January 21, 1925, 
or prior to January 1, 1900, and shall be receiv- 
ing a pension on the eighth day of January, 1932, 
and any widow, child, children or parents of a 
deceased member of the department who shall 
be receiving a pension on the eighth day of 
January, 1932, shall continue to receive such 
pension subject to the provisions of Section 8.565 
governing the payment of pensions to retired 
members, widows, children and parents. Any 
member of the fire department who shall have 
been retired on or after the first day of January, 
1900, and prior to the 21st day of January, 1925, 
and shall be receiving a pension on the eighth 
day of January, 1932, shall continue to receive 
such pension throughout his life, subject to the 
provisions of Section 8.565 governing the pay- 
ment of pensions granted because of disability 
incurred in the performance of duty, including 
the payment of such pension to widows, children 
and parents of deceased members who had been 
retired because of such disability. Such pensions 
shall be paid by the retirement system, but no 
other benefits shall be provided for such retired 
members, widows, children or parents; except 
that upon the death of any such member who is 
receiving a pension under this section and re- 
gardless of the cause of death, a death benefit 
shall be paid to his estate or designated benefi- 
ciary, the amount of which shall be determined 
in the manner prescribed by the board of super- 
visors. 

A8.567 MEMBERS OF THE FIRE 
DEPARTMENT-JANUARY 8, 1932 TO 
JULY 1, 1949 

Persons who become members of the fire 
department after the eighth day of January, 



1932 and prior to July 1, 1949, shall become 
members of the retirement system subject only 
to the following provision in addition to the 
provisions contained in Sections 3.670-3.672, 
8.500-8.502, 8.510, 8.511, 8.520, 8.525 and 8.560 
of this charter. No member of the retirement 
system shall be retired, except in case of disabil- 
ity incapacitating him for the performance of his 
duties, unless he shall have attained the age of 
55 years and completed 20 years of continuous 
service, except that retirement shall be compul- 
sory at the age of 70 years. It may be provided, 
however, under such retirement system, that 
members may retire after 30 years of continuous 
service; the benefits at retirement in such cases 
to be determined, because of retirement at an 
age below 55, in accordance with the tables 
recommended by the actuary and approved by 
said retirement board. 

A8.568 MEMBER OF THE FIRE 
DEPARTMENT AFTER JULY 1, 1949 

Members of the fire department, as defined 
in Section 8.569, who are members of the retire- 
ment system under Sections 8.507, 8.509, or 
8.567 of the charter on the first day of July, 1949, 
and persons who become members of said depart- 
ment after said date, shall be members of the 
retirement system under this Section 8.568 on 
and after said date, and shall be subject to the 
following provisions of Section 8.568 and Sec- 
tions 8.569, 8.570, 8.571, 8.572, 8.573, 8.575, 
8.576, 8.577, 8.578, 8.579, 8.580, 8.581 in addi- 
tion to the provisions contained in Sections 3.670- 
3.672, 8.500-8.504, 8.506, 8.510 and 8.520 of this 
charter notwithstanding the provisions of any 
other section of the charter. Members of the said 
department who are members of the retirement 
system under Sections 8.507 or 8.509 of the 
charter, on July 1, 1950, however, shall have the 
option to be exercised in writing, on a form 
furnished by the retirement system and to be 
filed at the office of said system not later than 90 
days after said date, of being members of the 
system under Sections 8.507 or 8.509 instead of 
Section 8.568, the election under said option to 
be effective on said date, provided, that members 
who are absent by reason of service in the armed 



443 



Appendix A: Employment Provisions 



A8.569 




forces of the United States or by reason of any 
other service included in Section 8.520 of the 
charter, on July 1, 1949, shall have the same 
option of electing to be members under Sections 
8.507 or 8.509, as the case may be, instead of 
Section 8.568 until 90 days after their return to 
service in the fire department. On and after said 
date the persons who affirmatively exercise said 
option, shall continue to be members of the 
system under Section 8.507 or 8.509, respec- 
tively, and shall not be subject to any of the 
provisions of Section 8.568. 

A8.569 DEFINITIONS 

The following words and phrases as used in 
this section, unless a different meaning is plainly 
required by the context, shall have the following 
meaning: 

"Retirement allowance," "death allowance" or 
"allowance," shall mean equal monthly pay- 
ments, beginning to accrue upon the date of 
retirement, or upon the day following the date of 
death, as the case may be, and continuing for life 
unless a different term of payment is definitely 
provided by the context. 

"Compensation," as distinguished from ben- 
efits under the Workers' Compensation Insur- 
ance and Safety Act of the State of California, 
shall mean the remuneration payable in cash, by 
the City and County, without deduction except 
for absence from duty, for time during which the 
individual receiving such remuneration is a mem- 
ber of the fire department, but excluding remu- 
neration paid for overtime. 

"Compensation eamable" shall mean the com- 
pensation which would have been earned had 
the member received compensation without in- 
terruption throughout the period under consid- 
eration and at the rates of remuneration at- 
tached at that time to the ranks or positions held 
by him during such period, it being assumed that 
during any absence he was in the rank or posi- 
tion held by him at the beginning of the absence, 
and that prior to becoming a member of the fire 
department, he was in the rank or position first 
held by him in such department. 



"Benefit" shall include "allowance," "retire- 
ment allowance," "death allowance" and "death 
benefit." 

"Final compensation" shall mean the monthly 
compensation earnable by a member at the time 
of his retirement, or death before retirement, as 
the case may be, at the rate of remuneration 
attached at that time to the rank or position 
which said member held, provided that said 
member has held said rank or position for at 
least one year immediately prior to said retire- 
ment or death; and provided, further, that if said 
member has not held said rank or position for at 
least one year immediately prior to said retire- 
ment or death, "final compensation," as to such 
member, shall mean the monthly compensation 
earnable by such member in the rank or position 
next lower to the rank or position which he held 
at the time of retirement or death at the rate of 
remuneration attached at the time of said retire- 
ment or death to said next lower rank or posi- 
tion; provided, however, that in the case of a 
member's death before retirement as the result 
of a violent traumatic injury received in the 
performance of his duty, "final compensation," as 
to such member shall mean the monthly compen- 
sation earnable by such member at the rate of 
remuneration attached on the date he receives 
such injury to the rank or position held by such 
member on that date. 

The amendment of the definition of "final 
compensation" contained in the proposition there- 
for submitted to the electorate on June 6, 1972, 
shall be retroactive and shall be applicable to 
any death allowance first effective on or after 
July 1, 1971. Said amendment does not and shall 
not increase any death allowance first in effect 
prior to July 1, 1971, nor shall said amendment 
give any person receiving a death allowance, or 
his successors in interest any claim against the 
City and County for any increase in any death 
allowance paid or payable for time prior to July 
1, 1971. 

For the purpose of the retirement system and 
of this section, the terms "member of the fire 
department," "member of the department," or 
"member" shall mean any officer or employee of 



A8.569 



San Francisco - Charter 



444 



the fire department, excluding such officers and 
employees as are members of the retirement 
system under Section 8.565 of the charter, who 
was or shall be subject to the charter provisions 
governing entrance requirements of members of 
the uniformed force of said department, and said 
terms further shall mean, from the effective date 
of their emplojnnent in said department, persons 
employed on July 1, 1949, or employed thereaf- 
ter, regardless of age, to perform the duties 
performed under the titles of pilot of fireboats or 
marine engineer of fireboats, or employed after 
July 1, 1949, at an age not greater than the 
maximum age then prescribed for entrance into 
emplojrment in said uniformed force, to perform 
the duties now performed by members of the 
salvage corps in the fire department, or duties 
now performed under the title of hydrant- 
gateman. Any fire service performed by such 
member of the fire department outside the limits 
of the City and County and tmder orders of a 
superior officer of any such member, shall be 
considered as City and County service, and any 
disability or death incurred therein shall be 
covered under the provisions of the retirement 
system. 

"Retirement system" or "system" shall mean 
San Francisco City and County Employees' Re- 
tirement System as created in Section 8.500 of 
the charter. 

"Retirement board" shall mean "retirement 
board" as created in Section 3.670 of the charter. 

"Charter" shall mean the charter of the City 
and County of San Francisco. 

Words used in the masculine gender shall 
include the feminine and neuter genders, and 
singular numbers shall include the plural and 
the plural the singular. 

"Interest" shall mean interest at the rate 
adopted by the retirement board. 

A8.570 SERVICE RETIREMENT 

Any member of the fire department who 
completes at least 25 years of service in the 
aggregate and attains the age of 50 years, said 
service to be computed under Section 8.578, may 
retire for service at his option. Members shall be 



retired on the first day of the month next follow- 
ing the attainment by them of the age of 65 
years. A member retired after meeting the ser- 
vice and age requirements in the two sentences 
next preceding, shall receive a retirement allow- 
ance equal to 55 percent of the final compensa- 
tion of said member, as defined in Section 8.569, 
plus an allowance at the rate of three percent of 
said final compensation, for each year of service 
rendered in excess of 25 years; provided, how- 
ever, that such retirement allowance shall not 
exceed 70 percent of said member's final compen- 
sation. A member retired after attaining the age 
of 65 years, but before completing 25 years of 
service in the aggregate computed under Section 
8.578, shall receive a retirement allowance which 
bears the same ratio to 50 percent of the final 
compensation of said member, as defined in 
Section 8.569, as the service with which he is 
entitled to be credited, bears to 25 years. If, at 
the date of retirement for service, or retirement 
for disability resulting from an injury received in 
performance of duty, said member has no wife, 
children or dependent parents, who would qualify 
for the continuance of the allowance after death 
of said member, or with respect to the portion of 
the allowance which would not be continued 
regardless of dependents, or upon retirement for 
disability resulting from other causes, with re- 
spect to all of the allowance and regardless of 
dependents at retirement, a member retired un- 
der this section, or Section 8.571, may elect 
before the first pa3niient of the retirement allow- 
ance is made, to receive the actuarial equivalent 
of his allowance or the portion which would not 
be continued regardless of dependents, as the 
case may be, partly in a lesser allowance to be 
received by him throughout his life, and partly in 
other benefits payable after his death to another 
person or persons, provided that such election 
shall be subject to all the conditions prescribed 
by the board of supervisors to govern similar 
election by other members of the retirement 
system, including the character and amount of 
such other benefits. 

A8.571 RETIREMENT FOR INCAPACITY 

Any member of the fire department who 
becomes incapacitated for the performance of his 



445 



Appendix A: Employment Provisions 



A8.572 



duty by reason of any bodily injury received in, or 
illness caused by performance of his duty, shall 
be retired. If he is not qualified for service 
retirement, he shall receive a retirement allow- 
ance in an amount which shall be equal to the 
same percentage of the final compensation of 
said member, as defined in Section 8.569, as his 
percentage of disability is determined to be. The 
percentage of disability shall be as determined 
by the Workers' Compensation Appeal Board of 
the State of California upon referral from the 
retirement board for that purpose; provided that 
the retirement board may, by five affirmative 
votes, adjust the percentage of disability as de- 
termined by said appeals board; and provided, 
further, that such retirement allowance shall be 
in an amount not less than 50 percent nor more 
than 90 percent of the final compensation of said 
member, as defined in Section 8.569. Said allow- 
ance shall be paid to him until the date upon 
which said member would have qualified for 
service retirement had he lived and rendered 
service without interruption in the rank held by 
him at retirement, and after said date the allow- 
ance payable shall be equal to the retirement 
allowance said member would have received if 
retired for service on said date based on the final 
compensation, as defined in Section 8.569, he 
would have received immediately prior to said 
date, had he lived and rendered service as as- 
sumed, but such allowance shall not be less than 
55 percent of such final compensation. 

If at the time of retirement because of dis- 
ability, he is qualified as to age and service for 
retirement under Section 8.570, he shall receive 
an allowance equal to the retirement allowance 
which he would receive if retired under Section 
8.570, but not less than 55 percent of said final 
compensation. Any member of the fire depart- 
ment who becomes incapacitated for perfor- 
mance of his duty, by reason of a cause not 
included under the provisions of the immediately 
preceding sentences, and who shall have com- 
pleted at least 10 years of service in the aggre- 
gate, computed as provided in Section 8.578, 
shall be retired upon an allowance of one and 
one-half percent of the final compensation of said 
member as defined in Section 8.569 for each year 



of service, provided that said allowance shall not 
be less than 33% percent of said final compensa- 
tion; provided, however, that if such member has 
completed at least 25 years of service in the 
aggregate, computed as provided in Section 8.578, 
but has not yet attained the age of 50 years, he 
shall receive an allowance equal to the retire- 
ment allowance he wlould have received if he had 
attained the age of 50 years and retired under 
Section 8.570 as of the date of retirement for 
such incapacity. The question of retiring a mem- 
ber under this section may be brought before the 
retirement board on said board's own motion, by 
recommendation of the fire commission, or by 
said member or his guardian. If his disability 
shall cease, his retirement allowance shall cease, 
and he shall be restored to the service in the 
rank he occupied at the time of his retirement. 

The amendments of this Section 8.571 con- 
tained in the proposition therefor submitted to 
the electorate on November 7, 1972, are hereby 
declared to be retroactive and shall be applicable 
to members who retired after October 1, 1970. 

j 
A8.572 DEATH ALLOWANCE 

If a member of the fire department shall die 
before or after retirement by reason of an injury 
received in, or illness caused by the performance 
of his duty, a death allowance, in lieu of any 
allowance payable under any other section of the 
charter or by ordinance, on account of death 
resulting from injury received in or illness caused 
by the performance of duty, shall be paid, begin- 
ning on the date next following the date of death, 
to his surviving wife throughout her life or until 
her remarriage. If the member, at the time of 
death, was qualified for service retirement, but 
had not retired, the allowance payable shall be 
equal to the retirement allowance which the 
member would have received if he had been 
retired for service on the day of death, but such 
allowances shall not be less than 55 percent of 
the final compensation eamable by said member 
immediately preceding death. If death occurs 
prior to qualification for service retirement, the 
allowance payable shall be equal to the final 
compensation of said member at the date of 
death, until the date upon which said member 



A8.572 



San Francisco - Charter 



446 



would have qualified for service retirement, had 
he lived and rendered service without interrup- 
tion in the rank held by him at death, and after 
said date the allowance payable shall be equal to 
the retirement allowance said member would 
have received if retired for service on said date, 
based on the final compensation he would have 
received immediately prior to said date, had he 
lived and rendered service as assumed, but such 
allowance shall not be less than 55 percent of 
such monthly final compensation. If he had re- 
tired prior to death, for service or for disability 
resulting from injiuy received in, or illness caused 
by the performance of duty, the allowance pay- 
able shall be equal to the retirement allowance of 
the member except that if he was a member 
under Section 8.568 and retirement was for such 
disability, and if death occurred prior to qualifi- 
cation for the service retirement allowance, the 
allowance continued shall be reduced upon the 
date at which said member would have qualified 
for service retirement, in the same manner as it 
would have been reduced had the member not 
died. If there be no surviving wife entitled to an 
allowance hereunder, or if she die or remarry 
before every child of such deceased member 
attains the age of 18 years, then the allowance 
which the surviving wife would have received 
had she lived and not remarried shall be paid to 
his child or children under said age, collectively, 
to continue until every such child dies or attains 
said age, provided that no child shall receive any 
allowance after marrying or attaining the age of 
18 years. Should said member leave no surviving 
wife and no children under the age of 18 years, 
but leave a parent or parents dependents upon 
him for support, the parents so dependent shall 
collectively receive a monthly allowance equal to 
that which a surviving widow otherwise would 
have received, during such dependency. No al- 
lowance, however, shall be paid under this sec- 
tion to a surviving wife following the death of a 
member unless she was married to the member 
prior to the date of the injury or onset of the 
illness which results in death. 



A8.573 PAYMENTS TO SURVIVING 
DEPENDENTS 

Upon the death of a member of the fire 
department resulting from any cause, other than 
an injury received in or illness caused by perfor- 
mance of duty: 

(a) if his death occurred after qualification 
for service retirement, under Section 8.570, or 
after retirement for service or because of disabil- 
ity which resulted from any cause other than an 
injury received in, or illness caused by perfor- 
mance of duty, three-fourths of his retirement 
allowance to which the member would have been 
entitled if he had retired for service at the time of 
death or three-fourths of the retirement allow- 
ance as it was at his death, as the case may be, 
shall be continued throughout life or until remar- 
riage, to his surviving wife; or 

(b) if his death occurred after the comple- 
tion of at least 25 years of service in the aggre- 
gate but prior to the attainment of the age of 50 
years, three-fourths of the retirement allowance 
to which he would have been entitled under 
Section 8.570 if he had attained the age of 50 
years on the date of his death shall be continued 
throughout life or until remarriage to his surviv- 
ing wife; or 

(c) if his death occurred after retirement for 
disability by reason of injury received in, or 
illness caused by performance of duty, his retire- 
ment allowance as it was at his death shall be 
continued throughout life or until remarriage, to 
his surviving wife, except that, if death occurred 
prior to qualification for service retirement al- 
lowance, the allowance continued shall be ad- 
justed upon the date of which said member 
would have qualified for service retirement, in 
the same manner as it would have been adjusted 
had the member not died; or 

(d) if his death occurred after completion of 
at least 10 years of service in the aggregate, 
computed as provided in Section 8.578, an allow- 
ance in an amount equal to the retirement allow- 
ance to which the member would have been 
entitled pursuant to Section 8.571 if he had 
retired on the date of death because of incapacity 
for performance of duty resulting from a cause 



447 



Appendix A: Employment Provisions 



A8.574 



other than bodily injury received in, or illness 
caused by performance of duty shall be paid 
throughout life or until remarriage to his surviv- 
ing wife. If there be no surviving wife entitled to 
an allowance hereunder, or if she die or remarry 
before every child of such deceased member 
attains the age of 18 years, then the allowance 
which the surviving wife would have received 
had she lived and not remarried shall be paid to 
his child or children under said age, collectively, 
to continue until every such child dies or attains 
said age, provided that no child shall receive any 
allowance after manying or attaining the age of 
18 years. Should said member leave no surviving 
wife and no children under age of 18 years, but 
leave a child or children, regardless of age, 
dependent upon him for support because par- 
tially or totally disabled and unable to earn a 
livelihood or a parent or parents dependent upon 
him for support, the child or children and the 
parents so dependent shall collectively receive a 
monthly allowance equal to that which a surviv- 
ing wife otherwise would have received, during 
such dependency. No allowance, however, shall 
be paid under this section to a surviving wife 
unless she was married to the member prior to 
the date of the injury or onset of the illness which 
results in death if he had not retired, or unless 
she was married to the member at least one year 
prior to his death if he had retired. 

As used in this section and in Section 8.572, 
"surviving wife" shall mean and include a sur- 
viving spouse, and shall also mean and include a 
spouse who has remarried since the death of the 
member but whose remarriage has been termi- 
nated by death, divorce or annulment within five 
years after the date of such remarriage and who 
has not thereafter again remarried. 

The surviving wife, in the event of death of 
the member after qualification for but before 
service retirement, may elect before the first 
pajnnent of the allowance, to receive the benefit 
provided in Section 8.576, in lieu of the allow- 
ance which otherwise would be continued to her 
under this section. If there be no surviving wife, 
the guardian of the eligible child or children may 
make such election, and if there be no such 
children, the dependent parent or parents may 



make such election. Persons heretofore retired 
under charter Section 8.567, as members of the 
fire department at the time of retirement, shall 
be subject to the provisions of this section. "Quali- 
fied for service retirement," "qualification for 
service retirement" or "qualified as to age and 
service for retirement," as used in this section 
and other sections to which persons who are 
members under Section 8.568 are subject, shall 
mean completion of 25 years of service and 
attainment of age 50; said service to be computed 
under Section 8.578. 

The amendments of this Section 8.573 con- 
tained in the proposition therefor submitted to 
the electorate on November 7, 1972, are hereby 
declared to be retroactive and shall be applicable 
to members who died after October 1, 1970. 

A8.574 ADJUSTMENT OF ALLOWANCES 

Every allowance based on the average monthly 
compensation earnable by the member during 
the 10 years prior to retirement, and payable for 
time commencing on February 1, 1957, to or on 
account of persons who were retired, as members 
under Section 8.567, for disability resulting from 
bodily injury received in the performance of duty, 
shall be adjusted to the amount it would be, if it 
had been based on the monthly compensation 
fixed by the board of supervisors as of July 1, 
1956, for the rank : or position held by such 
retired member in the fire department prior to 
retirement. This section does not authorize any 
decrease in any allowance from the amount 
being paid as of February 1, 1957, nor does this 
section give any retired member, or any benefi- 
ciary of such member, or his successors in inter- 
est, any claim against the City and County for 
any increase in any allowance paid or payable for 
the time prior to February 1, 1957. Adjustment 
in reserves under allowances which are changed 
according to this section, shall be made on the 
basis of current interest rate and mortality tables. 

The increase in the retirement allowance 
shall be apportioned according to service ren- 
dered by the member in the same manner that 
the allowance prior to increase was apportioned. 
Contributions to the retirement system, neces- 
sary for the payment of the increase of the 



A8.574 



San Francisco - Charter 



448 



portion of the retirement allowances which is 
paid from reserves held by the retirement sys- 
tem, shall be provided from the reserves held by 
the retirement system on account of members 
under Section 8.568, the necessary amount being 
transferred upon February 1, 1957, from said 
reserves to the reserves held by the retirement 
system to meet the obligations on account of 
benefits that have been granted and on account 
of prior service of members. The contribution 
being required of the City and County currently, 
as a percentage of salaries of persons who are 
members under Section 8.568, shall be increased 
to a percentage determined by the actuary as 
necessary to replace the reserves so transferred. 
Contributions to the retirement system neces- 
sary for the pajnnent of said increases with 
reference to current and prior service portions of 
the allowance which are not paid from reserves 
held by the retirement system, shall be paid to 
the system by the City and County by annual 
appropriations, provided that such appropria- 
tion for any year shall not be less than the 
amount disbursed during that year on account of 
said increases. 

A8.575 AD JUSTMENT FOR 
COMPENSATION PAYMENTS 

That portion of any allowance payable be- 
cause of the death or retirement of any member 
of the fire department which is provided by 
contributions of the City and County, shall be 
reduced in the manner fixed by the board of 
supervisors, by the amount of any benefits other 
than medical benefits, payable to or on account 
of such person, under the Workers' Compensa- 
tion Insurance and Safety Law of the State of 
California and because of the injury or illness 
resulting in said death or retirement. Such por- 
tion which is paid because of death or retirement 
which resulted from injury received in, or illness 
caused by performance of duty, shall be consid- 
ered as in lieu of all benefits, other than medical 
benefits, payable to or on account of such person 
under said law of the State of California and 
shall be in satisfaction and discharge of the 
obligation of the City and County to pay such 
benefits. 



A8.576 DEATH BENEFIT 

If a member of the fire department shall die, 
before retirement, from causes other than an 
injury received in or illness caused by the perfor- 
mance of duty, or regardless of cause, if no 
allowance shall be payable under Section 8.572 
or 8.573 preceding, a death benefit shall be paid 
to his estate or designated beneficiary, the amount 
of which and the conditions for the payment of 
which shall be determined in the manner pre- 
scribed by the board of supervisors for the death 
benefit of other members of the retirement sys- 
tem. Upon the death of a member after retire- 
ment and regardless of the cause of death, a 
death benefit shall be paid to his estate or 
designated beneficiary the amount of which and 
the conditions for the payment of which shall be 
determined in the manner prescribed by the 
board of supervisors for the death benefit of 
other members of the retirement system. 

A8.577 REFUNDS AND REDEPOSITS 

Should any member of the fire department 
cease to be employed as such member, through 
any cause other than death or retirement or 
transfer to another office or department, all of 
his contributions, with interest credited thereon, 
shall be refunded to him subject to the conditions 
prescribed by the board of supervisors to govern 
similar terminations of emplojnnent of other 
members of the retirement system. If he shall 
again become a member of the department, he 
shall redeposit in the retirement fund, the amount 
refunded to him. Contributions, with interest, 
which are credited because of service rendered in 
any other office or department and which will 
not be counted under Section 8.578, to any per- 
son who becomes a member of the retirement 
system under this sections, shall be refunded to 
him forthwith. Should a member of the fire 
department become an employee of any other 
office or department, his accumulated contribu- 
tion account shall be adjusted by payment, to or 
from him as the case may be to make the 
accumulated contributions credited to him at the 
time of change, equal to the amount which would 
have been credited to him if he had been em- 
ployed in said other office or department at the 



449 



Appendix A: Employment Provisions 



A8.579 




rate of compensation received by him in the fire 
department and he shall receive credit for ser- 
vice for which said contributions were made, 
according to the charter section under which his 
membership in the retirement system continues. 

A8.578 COMPUTATION OF SERVICE 

The following time shall be included in the 
computation of the service to be credited to a 
member of the fire department for the purposes 
of determining whether such member qualified 
for retirement, and calculating benefits, exclud- 
ing, however, any time, the contributions for 
which were withdrawn by said member upon 
termination of his service while he was a mem- 
ber under any other charter section, and not 
redeposited upon re-entry into service: 

(a) Time during and for which said member 
is entitled to receive compensation because of 
services as a member of the fire or police depart- 
ment. 

(b) Time during which said member is en- 
titled to receive compensation while a member of 
the retirement system, because of service ren- 
dered in other offices and departments prior to 
July 1, 1949, provided that accumulated contri- 
butions on account of such service, previously 
refunded, are redeposited, with interest from 
date of refund to date of redeposit, at times and 
in the manner fixed by the retirement board and 
solely for purpose of determining qualification 
for retirement under Section 8.571 for disability 
not resulting from injury received in, or illness 
caused by performance of duty, time during which 
said member serves, after July 1, 1949, and 
receives compensation because of services ren- 
dered in other offices and departments. 

(c) Time during which said member is ab- 
sent from a status included in Subsections (a) 
and (b) next preceding, by reason of service in 
the armed forces of the United States of America, 
or by reason of any other service included in 
Section 8.520 of the charter, during any war in 
which the United States was or shall be engaged 
or during other national emergency, and for 
which said member contributed or contributes to 



the retirement system or for which the City and 
County contributed! or contributes on his ac- 
count. I 

A8.579 SOURCES OF FUNDS 

All payments provided for members imder 
Section 8.568 shall be made from funds derived 
from the following sources, plus interest earned 
on said funds: 

(a) The normal rate of contribution of each 
member under this section shall be based on his 
age taken to the next lower complete quarter 
year, (1) at the earlier of the dates he became a 
member under Section 8.507, 8.509 or 8.567, in 
the case of persons who are members under 
these sections, or (2) on his age at the date he 
becomes a member tinder Section 8.568 in the 
case of persons who become members on or after 
July 1, 1949, without credit for service counted 
under Section 8.578. The age of entrance into the 
fire department shall be determined by deduct- 
ing the member's service credited under Section 
8.578 as rendered prior to the date upon which 
his age is based for determination of his rate of 
contribution according to the sentence next pre- 
ceding, from said age. The normal rate of contri- 
bution of each such member, to be effective from 
the effective date of membership under Section 
8.568, shall be such as, on the average for such 
member, will provide, assuming service without 
interruption, under Section 8.570, one-third of 
that portion of the service retirement allowance 
to which he would be entitled, without continu- 
ance to dependents, upon first qualifying as to 
age and service, for retirement under that sec- 
tion, which is based on service rendered after the 
date upon which his age is based for determina- 
tion of his rate of contribution according to the 
first sentence in this paragraph, and assuming 
the contribution to be made from that date. The 
normal rate of contribution, however, shall not 
exceed six percent. ? 

(b) The dependent contributions of each 
member under this section which shall be re- 
quired of each member throughout his member- 
ship in addition to the normal contributions, and 
in the same manner as normal contributions, 
shall be such as, on the average for such member. 



A8.579 



San Francisco - Charter 



450 



will provide, assuming service without interrup- 
tion under Section 8.570, and upon his first 
qualifying as to age and service for retirement 
under that section, one-third of the portion of his 
allowance, which is to be continued under Sec- 
tion 8.573 after his death and throughout the life 
of a surviving wife whose age at said death is 
three years less than the age of said member. If, 
at the date of retirement for service or retire- 
ment for disability resulting from injury received 
in performance of duty, said member has no wife 
who would qualify for the continuance of the 
allowance to her after the death of said member, 
or upon retirement for disability resulting from 
other causes, regardless of his marital condition, 
the dependent contributions with accumulated 
interest thereon, shall be paid to him forthwith. 
The dependent rate of contribution, however, 
shall not exceed the difference between six per- 
cent and the member's normal rate of contribu- 
tions, and said dependent rate may be taken as a 
flat percentage of the member's normal rate, 
regardless of the age of qualification for service 
retirement. 

(c) There shall be deducted from each pay- 
ment of compensation made to a member under 
this section, a sum determined by appljdng the 
member's rates of contribution to such compen- 
sation pajmient. The sum so deducted shall be 
paid forthwith to the retirement system. Said 
contribution shall be credited to the individual 
account of the member from whose salary it was 
deducted, and the total of said contributions, 
together with interest credited thereon in the 
same manner as is prescribed by the board of 
supervisors for crediting interest to contribu- 
tions of other members of the retirement system, 
shall be applied to provide part of the retirement 
allowance granted to, or allowance granted on 
account of said member, or shall be paid to said 
member or his estate or beneficiary as provided 
in Sections 8.576, 8.577 and 8.578. 

(d) Contributions based on time included in 
Subsections (a), (b) and (c) of Section 8.578, and 
deducted prior to July 1, 1949, from compensa- 
tion of persons who become members under 
Section 8.568, and standing with interest thereon, 
to the credit of such members on the records of 



the retirement system on said date, shall con- 
tinue to be credited to the individual accounts of 
said members and shall be combined with and 
administered in the same manner as the contri- 
butions deducted after said date. 

(e) The total contributions, with interest 
thereon, made by or charged against the City 
and County and standing to its credit, in the 
accounts of the retirement system, on account of 
persons who become members under Section 
8.568, shall be applied to provide the benefits 
under said section. 

(f) The City and County shall contribute to 
the retirement system such amounts as may be 
necessary, when added to the contributions re- 
ferred to in the preceding paragraphs of this 
Section 8.579, to provide the benefits payable 
under this section. Such contributions of the City 
and County to provide the portion of the benefits 
hereunder which shall be based on service ren- 
dered by each member prior to the date upon 
which his age is based for determination of his 
rate of contribution in Subsection (a) Section 
8.579, shall not be less during any fiscal year 
than the amount of such benefits paid during 
said year. Such contributions of the City and 
County to provide the portion of the benefits 
hereunder which shall be based on service ren- 
dered by respective members on and after the 
date stated in the next preceding sentence, shall 
be made in annual installments, and the install- 
ment to be paid in any year shall be determined 
by the application of a percentage to the total 
compensation paid during said year, to persons 
who are members under Section 8.568, said 
percentage to be the ratio of the value on July 1, 
1949, or at the later date of a periodical actuarial 
valuation and investigation into the experience 
under the system, of the benefits thereafter to be 
paid under this section, from contributions of the 
City and County, less the amount of such contri- 
butions, and plus accumulated interest thereon, 
then held by said systems to provide said ben- 
efits on account of service rendered by respective 
members after the date stated in the sentence 
next preceding, to the value of said respective 
dates of salaries thereafter payable to said mem- 
bers. Said values shall be determined by the 



451 



Appendix A: Employment Provisions 



A8.582 




actuary, who shall take into account the interest 
which shall be earned on said contributions, the 
compensation experience of members, and the 
probabilities of separation by all causes, of mem- 
bers from service before retirement and of death 
after retirement. Said percentage shall be changed 
only on the basis of said periodical actuarial 
valuation and investigation into the experience 
under the system. Said actuarial valuation shall 
be made every even-numbered year and said 
investigation into the experience under the sys- 
tem shall be every odd-numbered year. 

(g) To promote the stability of the retire- 
ment system through a joint participation in the 
result of variations in the experience under mor- 
tality, investment and other contingencies the 
contributions of both members and the City and 
County held by the system to provide the ben- 
efits under this section, shall be a part of the 
fund in which all other assets of said system are 
included. Nothing in this section shall affect the 
obligations of the City and County to pay to the 
retirement system any amounts which may or 
shall become due under the provisions of the 
charter prior to July 1, 1949, and which are 
represented on said effective date, in the ac- 
counts of said system by debits against the City 
and County. 

A8.580 RIGHT TO RETIRE 

Upon the completion of the years of service 
set forth in Section 8.570 as requisite to retire- 
ment, a member of the fire department shall be 
entitled to retire at any time thereafter in accor- 
dance with the provisions of said Section 8.570, 
and nothing shall deprive said member of said 
right. 

A8.581 LIMITATION ON EMPLOYMENT 
DURING RETIREMENT 

No person retired as a member under Section 
8.568 for service or disability and entitled to 
receive a retirement allowance under the retire- 
ment system shall serve in any elective or ap- 
pointive position in the City and County service, 
including membership on boards and commis- 
sions, nor shall such person receive any payment 
for service rendered to the City and County after 



retirement, provided that service as an election 
officer or juror shall not be affected by this 
section. 

A8.582 DEFINITION OF "FINAL 
COMPENSATION"--ALLOWANCES FIRST 
PAYABLE PRIOR TO JULY 1, 1975 

Notwithstanding any other provision of this 
charter, but solely with respect to the determi- 
nation of the amount of each retirement allow- 
ance payable to or On account of a person who 
retired for service or because of disability under 
the provisions of Section 8.568 of the charter 
prior to July 1, 1975, "final compensation," for 
time commencing on July 1, 1975, shall mean 
the rate of remuneration (excluding remunera- 
tion for overtime) attached on July 1, 1975 to the 
rank or position upon which such person's retire- 
ment allowance was determined when first effec- 
tive; provided, further, that each such allowance 
shall be increased or decreased as of July 1, 
1990, and thereafter on the effective date of any 
legislation fixing the rates of compensation for 
firefighters under section 8.405 of this charter by 
an amount equal to 50% of the rate of change in 
the salary attached to said rank multiplied by 
the allowance which was payable for the month 
immediately preceding each July 1. 

This section does inot give any person retired 
under the provisions of said Section 8.568, or his 
successors in interest, any claim against the City 
and County for any increase in any retirement 
allowance paid or payable for time prior to July 
1, 1975. ! 

This section does hot authorize any decrease 
in the amount of any allowance from the amount 
being paid as of June 30, 1975. 

No retirement allowance to which the defini- 
tion of "final compensation" as set forth in this 
section is applicable shall be subject to adjust- 
ment under the provisions of Section 8.526 for 
time commencing July 1, 1975. Contributions, 
with interest credited thereon, standing to the 
credit of a person whose retirement allowance is 
subject to the provisions of this section and 
which were riiade by such person pursuant to the 
provisions of Section 8.526 shall, effective July 1, 



A8.582 



San Francisco - Charter 



452 



1975, be combined with and administered in the 
same manner as such person's normal contribu- 
tions. Contributions, with interest credited 
thereon, made by or charged against the City 
and County and standing to its credit on account 
of a person whose retirement allowance is sub- 
ject to the provisions of this section and which 
were made by or charged against the City and 
County for the purposes of said Section 8.526 
shall be applied to provide the benefits under 
this section. 



A8.584 RETIREMENT- 
MISCELLANEOUS OFFICERS AND 
EMPLOYEES AFTER NOVEMBER 1, 1976 

Those persons who become miscellaneous of- 
ficers and employees after November 1, 1976, 
shall be members of the retirement system sub- 
ject to the provisions of Sections 8.584 and 8.584-1 
through 8.584-12, in addition to the provisions 
contained in Sections 3.670, 3.672, 8.500, 8.510, 
8.520 and 8.526 of this charter notwithstanding 
the provisions of any other section of the charter; 
provided that persons who become members un- 
der the Public Employees' Retirement System of 
the State of California pursuant to Section 8.506 
of this charter of members of State Teachers' 
Retirement System of the State of California 
pursuant to Section 8.506-1 of this charter shall 
not be members of the San Francisco City and 
County Employees' Retirement System and pro- 
vided, further, that the retirement system shall 
be applied to persons employed on a part-time, 
temporEiry or substitute bases only as the board 
of supervisors shall determine by ordinance en- 
acted by three-fourths vote of all members of the 
board. Miscellaneous officers and employees who 
are members of the retirement system under 
Sections 8.507 or 8.509 of the charter prior to 
November 2, 1976 shall continue to be members 
of the system under Sections 8.507 or 8.509, as 
the case may be, and shall not be subject to any 
of the provisions of this section or Sections 8.584-1 
through 8.584-12. 



A8.584-1 DEFINITIONS 

The following words and phrases as used in 
this section, unless a different meaning is plainly 
required by the context, shall have the following 
meaning: 

"Retirement allowance," or "allowance," shall 
mean equal monthly payments, beginning to 
accrue upon the date of retirement, and continu- 
ing for life unless a different term of payment is 
definitely provided by the context. 

"Compensation," as distinguished from ben- 
efits under the workers' compensation laws of 
the State of California shall mean all remunera- 
tion whether in cash or by other allowances 
made by the City and County, for service quali- 
fying for credit under this section, but excluding 
remuneration for overtime. 

"Compensation eamable" shall mean the com- 
pensation as determined by the retirement board, 
which would have been earned by the member 
had he worked, throughout the period under 
consideration, the average number of days ordi- 
narily worked by persons in the same grade or 
class of positions as the positions held by him 
during such period and at the rate of pay at- 
tached to such positions, it being assumed that 
during any absence, he was in the position held 
by him at the beginning of the absence, and that 
prior to entering City service, he was in the 
position first held by him in City service. 

"Benefit" shall include "allowance," "retire- 
ment allowance," and "death benefit." 

"Average final compensation" shall mean the 
average monthly compensation earned by a mem- 
ber during any three consecutive years of cred- 
ited service in the retirement system in which 
his average final compensation is the highest. 

For the purposes of the retirement system 
and of this section, Section 8.584 and Sections 
8.584-2 through 8.584-12, the terms "miscella- 
neous officer or employee," or "member," shall 
mean any officer or employee employed after 
November 1, 1976 who is not a member of the 
police or fire departments as defined in the 
charter for the purposes of the retirement sys- 
tem, provided that said terms shall not include 
those persons who become members under the 



453 



Appendix A: Employment Provisions 



A8.584-2 



Public Employees' Retirement System of the 
State of California pursuant to Section 8.506 of 
this charter or members of State Teachers' Re- 
tirement System of the State of California pur- 
suant to Section 8.506- 1 of this charter. 

"Retirement system" or "system" shall mean 
San Francisco City and County Employees' Re- 
tirement System as created in Section 8.500 of 
the charter. 

"Retirement board" shall mean "retirement 
board" as created in Section 3.670 of the charter. 

"Charter" shall mean the charter of the City 
and County of San Francisco. 

Words used in the masculine gender shall 
include the feminine and neuter genders, and 
singular numbers shall include the plural and 
the plural the singular. 

"Interest" shall mean interest at the rate 
adopted by the retirement board. 

A8.584-2 SERVICE RETIREMENT 

Any member who completes at least 20 years 
of service in the aggregate credited in the retire- 
ment system and attains the age of 50 years, or 
at least 10 years of service in the aggregate 
credited in the retirement system, and attains 
the age of 60 years, said service to be computed 
under Section 8.584-7 may retire for service at 
his option. Members shall be retired on the first 
day of the month next following the attainment 
by them of the age of 65 years. A member retired 
after reaching the age of 60 years shall receive a 
service retirement allowance at the rate of 1^3 
percent of said average final compensation for 
each year of service; provided, however, that 
upon the compulsory retirement of a member 
upon his attainment of the age of 65 years, if the 
allowance available to such member pursuant to 
the provisions of Section 8.584-6 shall be greater 
in amount than the service retirement allowance 
otherwise payable to such member under this 
section, then such member shall receive as his 
service retirement allowance, in lieu of the al- 
lowance otherwise payable under this section, an 
allowance computed in accordance with the for- 
mula provided in said Section 8.584-6. The ser- 
vice retirement allowance of any member retir- 



ing prior to attaining the age of 60 years, and 
after rendering 20 years or more of such service, 
computed under Section 8.584-7, and having 
attained the age of 50 years, shall be an allow- 
ance equal to the percentage of said average final 
compensation set forth opposite his age at retire- 
ment, taken to the preceding completed quarter 
year, for each year of service, computed under 
Section 8.584-7: 

Age at Percent for Each Year 

Retirement of Credited Service 



50 


1.0000 


50V4 


1.0167 


50V2 


1.0333 


503/4 


1.0500 


51 


1.0667 


51V4 


1.0833 


51V2 


1.1000 


513/4 


1.1167 


52 


1.1333 


52V4 


1.1500 


52V2 


1.1667 


523/4 


1.1833 


53 


1.2000 


53V4 


1.2167 


53V2 


1.2333 


533/4 


1.2500 


54 


1.2667 


54V4 


1.2833 


54V2 


1.3000 


543/4 


1.3167 


55 


1.3333 


55V4 


1.3500 


55V2 


1.3667 


553/4 


1.3833 


56 


1.4000 



A8.584-2 


SanF] 


Age at 


Percent for Each Year 


Retirement 


of Credited Service 


56V4 


1.4167 


56V2 


1.4333 


563/4 


1.4500 


57 


1.4667 


57V4 


1.4833 


57V2 


1.5000 


573/4 


1.5167 


58 


1.5333 


58V4 


1.5500 


58V2 


1.5667 


583/4 


1.5833 


59 


1.6000 


59V4 


1.6167 


59V2 


1.6333 


593/4 


1.6500 



San Francisco - Charter 



454 



60 1.6667 

In no event shall a member's retirement 
allowance exceed seventy percent of his average 
final compensation. 

Before the first payment of a retirement 
allowance is made, a member, retired under this 
section or Section 8.584-3, may elect to receive 
the actuarial equivalent of his allowance, partly 
in an allowance to be received by him throughout 
his life, and partly in other benefits payable after 
his death to another person or persons, provided 
that such election shall be subject to all the 
conditions prescribed by the board of supervisors 
to govern similar elections by other members of 
the retirement system, including the character 
and amount, of such other benefits; provided, 
however, that at any time within 30 days after 
the date on which his compulsory retirement 
would otherwise have become effective, a mem- 
ber who has attained the age of 65 years may 
elect, without right of revocation, to withdraw 
his accumulated contributions, said election to 
be exercised in writing on a form furnished by 
the retirement system and filed at the office of 



said system and a member so electing shall be 
considered as having terminated his member- 
ship in said system on the date immediately 
preceding the date on which his compulsory 
retirement would otherwise have become effec- 
tive and he shall be paid forthwith his accumu- 
lated contributions, with interest credited thereon. 
Notwithstanding the provisions of Section 8.514 
of this charter, the portion of service retirement 
allowance provided by the City and County's 
contributions shall be not less than $100 per 
month upon retirement after thirty years of 
service and after attaining the age of 60 years, 
and provided further that as to any member 
within 15 years or more of service at the compul- 
sory retirement age of 65, the portion of the 
service retirement allowance provided by the 
City and County's contribution shall be such that 
the total retirement allowance shall not be less 
than $100 per month. In the calculations under 
this section of the retirement allowance of a 
member having credit for service in a position in 
the evening schools and service in any other 
position, separate retirement allowances shall be 
calculated, in the manner prescribed for each 
class of service, the average final compensation 
in each case being that for the respective class of 
service, provided that the aggregate retirement 
allowance shall be taken into account in apply- 
ing the provisions of this section providing for a 
minimum retirement allowance. Part-time ser- 
vice and compensation shall be reduced to full- 
time service and compensation in the manner 
prescribed by the board of supervisors, and when 
so reduced shall be applied on full-time service 
and compensation in the calculation of retire- 
ment allowances. 

A8.584-3 RETIREMENT FOR 
INCAPACITY 

Any member who becomes incapacitated for 
performance of duty because of disability deter- 
mined by the retirement board to be of extended 
and uncertain duration, and who shall have 
completed at least 10 years of service credited in 
the aggregate, computed as provided in Section 
8.584-7, shall be retired upon an allowance of IV2 
percent of the average final compensation of said 



455 



Appendix A: Employment Provisions 



A8.584-5 



member, as defined in Section 8.584-1 for each 
year of credited service, if such retirement allow- 
ance exceeds one-third of his average final com- 
pensation; otherwise IV2 percent of his average 
final compensation multiplied by the number of 
years of City service which would be credited to 
him were such City service to continue until 
attainment by him of age 60, but such retirement 
allowance shall not exceed one-third of such 
average final compensation. In the calculation 
under this section of the retirement allowance of 
a member having credit for service in a position 
in the evening schools and service in any other 
position, separate retirement allowances shall be 
calculated, in the manner prescribed, for each 
class of service, the average final compensation 
in each case being that for the respective class of 
service; provided that the average final compen- 
sation upon which the minimum total retirement 
allowance is calculated in such case shall be 
based on the compensation eamable by the mem- 
ber in the classes of service rendered by him 
during the three years immediately preceding 
his retirement. Part-time service and compensa- 
tion shall be reduced to full-time service and 
compensation in the manner prescribed by the 
board of supervisors, and when so reduced shall 
be applied as full-time service and compensation 
in the calculation of retirement allowances. The 
question of retiring a member under this subsec- 
tion may be brought before the retirement board 
on said board's own motion, by recommendation 
of any commission or board, or by said member 
or his guardian. If his disability shall cease, his 
retirement allowance shall cease, and he shall be 
restored to service in the position or classifica- 
tion he occupied at the time of his retirement. 



A8.584-4 NO ADJUSTMENT FOR 
COMPENSATION PAYMENTS 

No modification of benefits provided in this 
section shall be made because of any amounts 
payable to or on account of any member under 
workers' compensation laws of the State of Cali- 
fornia. 



A8.584-5 DEATH BENEFIT 

If a member shall die, before retirement: 

(a) If no benefit is payable under subsection 
(b) of this section: 

(1) Regardless of cause, a death benefit shall 
be paid to the member's estate or designated 
beneficiary consisting of the compensation earn- 
able by the member during the six months im- 
mediately preceding death, plus the member's 
contributions and interest credited thereon. 

(2) If a member sustains a traumatic bodily 
injury through external and violent means in the 
course and scope of employment and death re- 
sults within 180 days of such injury, an addi- 
tional insurance benefit of 12 months of compen- 
sation eamable shall be paid to the member's 
estate or designated beneficiary. 

(b) If, at the date of his death, he was 
qualified for service retirement by reason of 
service and age under the provisions of Section 
8.584-2, and he has designated as beneficiary his 
surviving spouse, who was married to him for at 
least one full year immediately prior to the date 
of his death, one-half of the retirement allowance 
to which the member would have been entitled if 
he had retired for service on the date of his death 
shall be paid to such surviving spouse who was 
his designated beneficiary at the date of his 
death, until such spouse's death or remarriage, 
or if there be no surviving spouse, to the unmar- 
ried child or children of such member under the 
age of 18 years, collectively, until every such 
child dies, marries or attains the age of 18 years, 
provided that no child shall receive any allow- 
ance after manying or attaining the age of 18 
years. If, at the death of such surviving spouse, 
who was receiving an allowance under this Sub- 
section (b), there be one or more unmarried 
children of such member under the age of 18 
years, such allowance shall continue to such 
child or children, collectively, until every such 
child dies, marries or attains the age of 18 years, 
provided that no child shall receive any allow- 
ance after marrying or attaining the age of 18 
years. If the total of the pa5niients of allowance 
made pursuant to this Subsection (b) is less than 
the benefit which was otherwise payable under 



A8.584-5 



San Francisco - Charter 



456 



Subsection (a) of this section, the amount of said 
benefit payable under Subsection (a) less an 
amount equal to the total of the pajnnents of 
allowance made pursuant to this Subsection (b) 
shall be paid in a lump sum as follows: 

(1) If the person last entitled to said allow- 
ance is the remarried surviving spouse of such 
member, to such spouse. 

(2) Otherwise, to the surviving children of 
the member, share and share alike, or if there 
are no such children, to the estate of the person 
last entitled to said allowance. 

The surviving spouse may elect, on a form 
provided by the retirement system and filed in 
the office of the retirement system before the 
first pajnnent of the allowance provided herein, 
to receive the benefit provided in Subsection (a) 
of this section in lieu of the allowance which 
otherwise would be payable under the provisions 
of this subdivision. If a surviving spouse, who 
was entitled to make the election herein pro- 
vided, shall die before or after making such 
election but before receiving any payment pur- 
suant to such election, then the legally appointed 
guardian of the unmarried children of the mem- 
ber under the age of 18 years may make the 
election herein provided before any benefit has 
been paid under this section, for and on behalf of 
such children if in his judgment it appears to be 
in their interest and advantage, and the election 
so made shall be binding and conclusive upon all 
parties in interest. 

If any person other than such surviving spouse 
shall have and be paid a community property 
interest in any portion of any benefit provided 
under this section, any allowance payable under 
this Subsection (b) shall be reduced by the actu- 
arial equivalent, at the date of the member's 
death, of the amount of benefits paid to such 
other person. 

Upon the death of a member after retirement 
and regardless of the cause of death, a death 
benefit shall be paid to his estate or designated 
beneficiary in the manner and subject to the 
conditions prescribed by the board of supervisors 
for the- payment of a similar death benefit upon 
the death of other retired members. 



Upon the death of a member after retire- 
ment, an allowance, in addition to the death 
benefit provided in the immediately preceding 
paragraph, shall be paid to his surviving spouse, 
until such surviving spouse's death or remar- 
riage, equal to one-half of his retirement allow- 
ance as it was prior to optional modification and 
prior to reduction as provided in Subsection (a) of 
Section 8.514 of this charter, but exclusive of the 
part of such allowance which was provided by 
additional contributions. No allowance, however, 
shall be paid under this paragraph to a surviving 
spouse unless such surviving spouse was mar- 
ried to said member at least one year prior to his 
retirement. If such retired person leaves no such 
surviving spouse, or if such surviving spouse 
should die or remarry before every child of such 
deceased retired person attains the age of 18 
years, the allowance which such surviving spouse 
would have received had he or she lived and not 
remarried shall be paid to retired person's child 
or children under said age, collectively, to con- 
tinue until every such child dies or attains said 
age, provided that no child shall receive any 
allowance after marrying or attaining the age of 
18 years. 

The amendments of this section contained in 
the proposition submitted to the electorate on 
November 6, 1984 are hereby declared to be 
prospective and shall not give any person a claim 
against the City and County relating to a death 
prior to ratification of this amendment by the 
State Legislature. 

A8.584-6 BENEFITS UPON 
TERMINATION OF MEMBERSHIP 

Should any miscellaneous member cease to 
be employed as such a member, through any 
cause other than death or retirement, all of his 
contributions, with interest credited thereon, shall 
be refunded to him subject to the conditions 
prescribed by the board of supervisors to cover 
similar terminations of employment and re- 
emplo3nnent with and without redeposit of with- 
drawn accumulated contributions of other mem- 
bers of the retirement system, provided that, if 
such member is entitled to be credited with at 
least five years of service, he shall have the right 




457 



Appendix A: Employment Provisions 



A8.584-8 



to elect, without right of revocation and within 
90 days after said termination of service, or if the 
termination was by lay-off, 90 days after the 
retirement board determines the termination to 
be permanent, whether to allow his accumulated 
contributions to remain in the retirement fund 
and to receive benefits only as provided in this 
paragraph. Failure to make such election shall 
be deemed an irrevocable election to withdraw 
his accumulated contributions. A person who 
elects to allow his accumulated contributions to 
remain in the retirement fund shall be subject to 
the same age requirements as apply to other 
members under Section 8.584 for service retire- 
ment but he shall not be subject to a minimum 
service requirement. Upon the qualification of 
such member for retirement by reason of age, he 
shall be entitled to receive a retirement allow- 
ance which shall be the actuarial equivalent of 
his accumulated contributions and an equal 
amount of the contributions of the City and 
County, plus 1% percent of his average final 
compensation for each year of service credited to 
him as rendered prior to his first membership in 
the retirement system. Upon the death of such 
member prior to retirement, his contributions 
with interest credited thereon shall be paid to his 
estate or designated beneficiary. 

A8.584-7 COMPUTATION OF SERVICE 

The following time and service shall be in- 
cluded in the computation of the service to be 
credited to a member for the purpose of deter- 
mining whether such member qualifies for retire- 
ment and calculating benefits: 

(a) Time during which said member is a 
member of the retirement system under Section 
8.584 and during and for which said member is 
entitled to receive compensation because of ser- 
vices as a miscellaneous officer or employee. 

(b) Service in the fire and police depart- 
ments which is not credited as service as a 
member under Section 8.584 shall count under 
this section upon transfer of a member of either 
of such departments to employment entitling 
him to membership in the retirement system 
under Section 8.584, provided that the accumu- 
lated contributions standing to the credit of such 



member shall be adjusted by refund to the mem- 
ber or by payment by the member to bring the 
account at the time of such transfer to the 
amount which would have been credited to it had 
the member been a miscellaneous member 
throughout the period of his service in either of 
such departments at the compensation he re- 
ceived in such departments. 

(c) Time prior to November 2, 1976, during 
which said member was entitled to receive com- 
pensation while a miscellaneous member under 
any other section of the charter, provided that 
accumulated contributions on account of such 
service previously refunded are redeposited with 
interest from the date of refund to the date of 
redeposit, at times and in the manner fixed by 
the retirement board. 

(d) Prior service determined and credited as 
prescribed by the board of supervisors for per- 
sons who are members under Section 8.507. 

(e) The board of supervisors, by ordinance 
enacted by a three-fourths vote of its members, 
may provide for the crediting as service, ren- 
dered as an employee of the federal government 
and service rendered as an employee of the State 
of California or any public entity or public agency 
in the State of California. Said ordinance shall 
provide that all contributions required as the 
result of the crediting of such service shall be 
made by the member and that no contributions 
therefor shall be required of the City and County. 

(f) Time during which said member is ab- 
sent from a status included in Subsections (a) or 
(b) next preceding which is not deemed absence 
from service under the provisions of Section 
8.520 of the charter and for which such member 
is entitled to receive credit as service for the City 
and County by virtue of contributions made in 
accordance with the provisions of such section. 

A8.584-8 SOURCES OF FUNDS 

All pajnnents provided for members under 
Section 8.584 shall be made from funds derived 
from the following sources, plus interest earned 
on said funds: 

(a) There shall be deducted from each pay- 
ment of compensation made to a member under 
Section 8.584 a sum equal to seven percent of 



A8.584-8 



San Francisco ■ Charter 



458 



such pajnnent of compensation. The sum so de- 
ducted shall be paid forthwith to the retirement 
system. Said contribution shall be credited to the 
individual account of the member from whose 
salary it was deducted, and the total of said 
contributions, together with interest credited 
thereon in the same manner as is prescribed by 
the board of supervisors for crediting interest to 
contributions of other members of the retirement 
system, shall be applied to provide part of the 
retirement allowance granted to, or allowance 
granted on account of said member under Sec- 
tion 8.584, or shall be paid to said member or his 
estate or beneficiary as provided in Sections 
8.584-5 and 8.584-6. 

(b) The City and County shall contribute to 
the retirement system such amounts as may be 
necessary, when added to the contributions re- 
ferred to in Subsection (a) of this Section 8.584-8, 
to provide the benefits payable to members un- 
der Section 8.584. Such contributions of the City 
and County to provide the portion of the benefits 
hereunder shall be made in annual installments, 
and the installment to be paid in any year shall 
be determined by the application of a percentage 
to the total compensation paid during said year 
to persons who are members under Section 8.584, 
said percentage to be the ratio of the value on 
November 2, 1976, or at the later date of a 
periodical actuarial valuation and investigation 
into the experience under the system, of the 
benefits thereafter to be paid to or on account of 
members under Section 8.584 from contributions 
of the City and County, less the amount of such 
contributions, plus accumulated interest thereon, 
then held by said system to provide said benefits 
on account of service rendered by respective 
members after said date, to the value at said 
respective dates of salaries thereafter payable to 
said members. Said values shall be determined 
by the actuary, who shall take into account the 
interest which shall be earned on said contribu- 
tions, the compensation experience of members, 
and the probabilities of separation by all causes, 
of members from service before retirement and of 
death after retirement. Said percentage shall be 
changed only on the basis of said periodical 
actuarial valuation and investigation into the 



experience under the system. Said actuarial valu- 
ation shall be made every even-numbered year 
and said investigation into the experience under 
the system shall be made every odd-numbered 
year. 

(c) To promote the stability of the retire- 
ment system through a joint participation in the 
result of variations in the experience under mor- 
tality, investment and other contingencies, the 
contributions of both members and the City and 
County held by the system to provide benefits for 
members under Section 8.584 shall be a part of 
the fund in which all other assets of said system 
are included. 

A8.584-9 RIGHT TO RETIRE 

Upon the completion of the years of service 
set forth in Section 8.584-2 as requisite to retire- 
ment, a member shall be entitled to retire at any 
time thereafter in accordance with the provi- 
sions of said Section 8.584-2, and, except as 
provided in the following paragraph, nothing 
shall deprive said member of said right. 

Any member convicted of a crime involving 
moral turpitude committed in connection with 
his duties as an officer or employee of the City 
and County shall, upon his removal from office or 
employment, pursuant to the provisions of this 
charter, forfeit all rights to any benefits under 
the retirement system except refund of his accu- 
mulated contributions; provided, however, that if 
such member is qualified for service retirement 
by reason of service and age under the provisions 
of Section 8.584-2, he shall have the right to 
elect, without right of revocation and within 90 
days after his removal from office or emplojonent 
to receive as his sole benefit under the retire- 
ment system an annuity which shall be the 
actuarial equivalent of his accumulated contri- 
butions at the time of such removal from office or 
employment. 

A8.584-10 LIMITATION ON 
EMPLOYMENT DURING RETIREMENT 

(a) Except as provided in Section 8.511 of 
this charter and Section 8.511 of this charter and 
Subsection (b) of this section, no person retired 
as a member under Section 8.584 for service or 



459 



Appendix A: Employment Provisions 



A8.585 



disability and entitled to receive a retirement 
allowance under the retirement system shall be 
employed in any capacity by the City and County, 
nor shall such person receive any payment for 
services rendered to the City and County after 
retirement. 

(b) (1) Service as an election officer or juror, 
or in the preparation for or giving testimony as 
an expert witness for or on behalf of the City and 
County before any court or legislative body shall 
not be affected by the provisions of Subsection (a) 
of this section. 

(2) The provisions of Subsection (a) shall 
not prevent such retired person from serving on 
any board or commission of the City and County 
and receiving the compensation for such office, 
provided said compensation does not exceed $100 
per month. 

(3) If such retired person is elected or ap- 
pointed to a position or office which subjects him 
to membership in the retirement system under 
Section 8.584, he shall re-enter membership un- 
der Section 8.584 and his retirement allowance 
shall be cancelled immediately upon such re- 
entry. The provisions of Subsection (a) of this 
section shall not prevent such person from re- 
ceiving the compensation for such position or 
office. The rate of contribution of such member 
shall be the same as that for other members 
under Section 8.584. Such member's individual 
account shall be credited with an amount which 
is the actuarial equivalent of his annuity at the 
time of his re-entry, but the amount thereof shall 
not exceed the amount of his accumulated con- 
tributions at the time of his retirement. Such 
member shall also receive credit for his service 
as it was at the time of his retirement. 

(c) Notwithstanding any provision of this 
charter to the contrary, should any person re- 
tired for service or disability engage in a gainful 
occupation prior to attaining the age of 60 years, 
the retirement board shall reduce that part of his 
monthly retirement allowance which is provided 
by contributions of the City and County to an 
amount which, when added to the amount of the 
compensation eamable, at the time he engages 
in the gainful occupation, by such person if he 



held the position which he held at the time of his 
retirement, or, if that position has been abol- 
ished, the compensation eamable by the member 
if he held the position from which he was retired 
immediately prior to its abolishment. 

A8.584-11 ADJUSTMENT OF 
ALLOWANCES 

Every retirement or death allowance payable 
to or on account of any member under Section 
8.584 shall be adjusted in accordance with the 
provisions of Subsection (b) of Section 8.526 of 
this charter. 

A8.584-12 CONFLICTING CHARTER 
PROVISIONS 

Any section or part of any section in this 
charter, insofar as it should conflict with the 
provisions of Sections 8.584 through 8.584-11 or 
with any part thereof, shall be superseded by the 
contents of said sections. In the event that any 
word, phrase, clause or section of sections shall 
be adjudged unconstitutional, the remainder 
thereof shall remain in full force and effect. 

A8.585 MEMBERS OF THE FIRE 
DEPARTMENT ON AND AFTER JULY 1, 
1975 

Notwithstanding the provisions of Section 
8.568 of this charter, members of the fire depart- 
ment, as defined in Section 8.585-1, who are 
members of the retirement system under Section 
8.568 on the effective date of this section and 
persons who become members of the retirement 
system under Section 8.568 after said effective 
date and prior to July 1, 1975, shall have the 
option, to be exercised in writing on a form 
furnished by the retirement system and to be 
filed at the office of said system not later than 
June 30, 1975, of being members of the system 
under this section instead of said Section 8.568, 
the election pursuant to said option to be effec- 
tive as of July 1, 1975; provided that such of said 
members who, during the period from the effec- 
tive date of this section through June 30, 1975, 
are absent by reason of service in the armed 
forces of the United States or by reason of any 
other service included in Section 8.520(a) of this 



A8.585 



San Francisco - Charter 



460 



charter shall have the same option of electing to 
be members under this section instead of Section 
8.568, until 90 days after their return to service 
in the fire department. 

Those persons who become members of the 
fire department, as defined in Section 8.585-1, on 
or after July 1, 1975, and those persons who elect 
to be members under this section as provided in 
the preceding paragraph, shall be members of 
the system subject to the provisions of Sections 
8.585, 8.585-1, 8.585-2, 8.585-3, 8.585-4, 8.585-5, 
8.585-6, 8.585-7, 8.585-8, 8.585-9, 8.585-10, 8.585- 
11, 8.585-12 and 8.585-13 (which shall apply 
only to members under Section 8.585) in addition 
to the provisions contained in Sections 3.670 to 
3.672, both inclusive, and Sections 8.500, 8.510 
and 8.520 of this charter, notwithstanding the 
provisions of any other section of this charter, 
and shall not be subject to any of the provisions 
of Section 8.568 of this charter. 

A8.585-1 DEFINITIONS 

The following words and phrases as used in 
this section, Section 8.585 and Sections 8.585-2 
through 8.585-13, unless a different meaning is 
plainly required by the context, shall have the 
following meanings: 

"Retirement allowance," "death allowance" or 
"allowance," shall mean equal monthly pay- 
ments, beginning to accrue upon the date of 
retirement, or upon the day following the date of 
death, as the case may be, and continuing for life 
unless a different term of payment is definitely 
provided by the context. 

"Compensation," as distinguished from ben- 
efits under the Workers' Compensation Insur- 
ance and Safety Act of the State of California, 
shall mean the remuneration payable in cash, by 
the City and County, without deduction except 
for absence from duty, for time during which the 
individual receiving such remuneration is a mem- 
ber of the fire department, but excluding remu- 
neration paid for overtime. 

"Compensation eamable" shall mean the com- 
pensation which would have been earned had 
the member received compensation without in- 
terruption throughout the period under consid- 



eration and at the rates of remuneration at- 
tached at that time to the ranks or positions held 
by him during such period, it being assumed that 
during any absence, he was in the rank or 
position held by him at the beginning of the 
absence, and that prior to becoming a member of 
the fire department he was in the rank or posi- 
tion first held by him in such department. 

"Benefit" shall include "allowance," "retire- 
ment allowance," "death allowance" and "death 
benefit." 

"Final compensation" shall mean the monthly 
compensation eamable by a member at the time 
of his retirement, or death before retirement, as 
the case may be, at the rate of remuneration 
attached at that time to the rank or position 
which said member held, provided that said 
member has held said rank or position for at 
least one year immediately prior to said retire- 
ment or death; and provided, further, that if said 
member has not held said rank or position for at 
least one year immediately prior to said retire- 
ment or death, "final compensation," as to such 
member, shall mean the monthly compensation 
eamable by such member in the rank or position 
next lower to the rank or position which he held 
at the time of retirement or death at the rate of 
remuneration attached at the time of said retire- 
ment or death to said next lower rank or posi- 
tion; provided, however, that in the case of a 
member's death before retirement as the result 
of a violent traumatic injury received in the 
performance of his duty, "final compensation," as 
to such member shall mean the monthly compen- 
sation earnable by such member at the rate of 
remuneration attached on the date he receives 
such injury to the rank or position held by such 
member on that date. 

For the purpose of Sections 8.585 through 
8.585-13, the terms "member of the fire depart- 
ment," "member of the department," or "mem- 
ber" shall mean any officer or employee of the 
fire department, excluding such officers and em- 
ployees as are members of the retirement system 
under Section 8.565 or Section 8.568 of the 
charter, who was or shall be subject to the 
charter provisions governing entrance require- 



461 



Appendix A: Employment Provisions 



A8.585-3 




ments of members of the uniformed force of said 
department, and said terms further shall mean 
persons employed on July 1, 1975, or thereafter, 
regardless of age, to perform the duties per- 
fonned under the titles of pilot of fireboats, or 
marine engineer of fireboats or employed after 
July 1, 1975, at an age not greater than the 
maximum age then prescribed for entrance into 
emplojnnent in said uniformed force, to perform 
the duties performed by members of the salvage 
corps in the fire department, or duties performed 
under the title of hydrant-gatemen. 

Any fire service performed by such members 
of the fire department outside the limits of the 
City and County and under orders of a superior 
officer of any such member, shall be considered 
as City and County service, and any disability or 
death incurred therein shall be covered under 
the provisions of the retirement system. 

"Retirement system" or "system" shall mean 
San Francisco City and County Employees' Re- 
tirement System as created in Section 8.500 of 
the charter. 

"Retirement board" shall mean "retirement 
board" as created in Section 3.670 of the charter. 

"Charter" shall mean the charter of the City 
and County of San Francisco. 

Words used in the masculine gender shall 
include the feminine and neuter genders, and 
singular numbers shall include the plural and 
the plural the singular. 

"Interest" shall mean interest at the rate 
adopted by the retirement board. 

A8.585-2 SERVICE RETIREMENT 

Any member of the fire department who 
completes at least twenty-five (25) years of ser- 
vice in the aggregate and attains the age of fifty 
(50) years, said service to be computed under 
Section 8.585-10, may retire for service at his or 
her option. A member retired after meeting the 
service and age requirements in the sentence 
next preceding, shall receive a retirement allow- 
ance equal to fifty-five (55) percent of the final 
compensation of said member, as defined in 
Section 8.585-1, plus an allowance at the rate of 
four percent of said final compensation, for each 



year of service rendered in excess of twenty-five 
(25) years; provided, however, that such retire- 
ment allowance shall not exceed seventy-five 
(75) percent of said member's final compensa- 
tion. A member retired after attaining the age of 
sixty-five (65) years, but before completing twenty- 
five (25) years of service in the aggregate com- 
puted under Section 8.585-10, shall receive a 
retirement allowance which bears the same ratio 
to fifty (50) percent of the final compensation of 
said member, as defined in Section 8.585-1, as 
the service with which he or she is entitled to be 
credited, bears to twenty-five (25) years. If, at 
the date of retirement for service, or retirement 
for disability resulting from an injury received in 
performance of duty, said member has no spouse, 
children or dependent parents, who would qualify 
for the continuance of the allowance after the 
death of said member, or with respect to the 
portion of the allowance which would not be 
continued regardless of dependents, or upon re- 
tirement for disability resulting from other causes, 
with respect to all of the allowance and regard- 
less of dependents at retirement, a member 
retired under this section, or Section 8.585-3, 
may elect before the first pa5rment of the retire- 
ment allowance is made, to receive the actuarial 
equivalent of his or her allowance or the portion 
which would not be continued regardless of de- 
pendents, as the case may be, partly in a lesser 
allowance to be received by him or her through- 
out his or her life, and partly in other benefits 
payable after his or her death to another person 
or persons, provided that such election shall be 
subject to all the conditions prescribed by the 
board of supervisors to govern similar election by 
other members of the retirement system, includ- 
ing the character and amount of such other 
benefits. 

A8.585-3 RETIREMENT FOR 
INCAPACITY 

Any member of the fire department who 
becomes incapacitated for the performance of his 
duty by reason of any bodily injury received in, or 
illness caused by performance of his duty, shall 
be retired. If he is not qualified for service 
retirement, he shall receive a retirement allow- 



A8.585-3 



San Francisco - Charter 



462 



ance in an amount which shall be equal to the 
same percentage of the final compensation of 
said member, as defined in Section 8.585-1, as 
his percentage of disability is determined to be. 
The percentage of disability shall be as deter- 
mined by the Workers' Compensation Appeals 
Board of the State of California upon referral 
from the retirement board for that purpose; 
provided that the retirement board may, by five 
affirmative votes, adjust the percentage of dis- 
ability as determined by said appeals board; and 
provided, further, that such retirement allow- 
ance shall be in an amount not less than 50 
percent nor more than 90 percent of the final 
compensation of said member, as defined in 
Section 8.585-1. Said allowance shall be paid to 
him until the date upon which said member 
would have qualified for service retirement had 
he lived and rendered service without interrup- 
tion in the rank held by him at retirement, and 
after said date the allowance payable shall be 
equal to the retirement allowance said member 
would have received if retired for service on said 
date based on the final compensation, as defined 
in Section 8.585-1, he would have received im- 
mediately prior to said date, had he lived and 
rendered service as assumed, but such allow- 
ance, shall not be less than 55 percent of such 
final compensation. 

If at the time of retirement because of dis- 
ability, he is qualified as to age and service for 
retirement under Section 8.585-2, he shall re- 
ceive an allowance equal to the retirement allow- 
ance which he would receive if retired under 
Section 8.585-2, but not less than 55 percent of 
said final compensation. Any member of the fire 
department who becomes incapacitated for per- 
formance of his duty, by reason of a cause not 
included under the provisions of the immediately 
preceding sentences, and who shall have com- 
pleted at least 10 years of service in the aggre- 
gate, computed as provided in Section 8.585-10, 
shall be retired upon an allowance of IV2 percent 
of the final compensation of said member as 
defined in Section 8.585-1 for each year of ser- 
vice, provided that said allowance shall not be 
less than 33 Vs percent of said final compensa- 
tion; provided, however, that if such member has 



completed at least 25 years of service in the 
aggregate, computed as provided in Section 8.585- 
10, but has not yet attained the age of 50 years, 
he shall receive an allowance equal to the retire- 
ment allowance he would have received if he had 
attained the age of 50 years and retired under 
Section 8.585-2 as of the date of retirement for 
such incapacity. The question of retiring a mem- 
ber under this section may be brought before the 
retirement board on said board's own motion, by 
recommendation of the fire commission, or by 
said member or his guardian. If his disability 
shall cease, his retirement allowance shall cease, 
and he shall be restored to the service in the 
rank he occupied at the time of his retirement. 

A8.585-4 DEATH ALLOWANCE 

If a member of the fire department shall die 
before or after retirement by reason of an injury 
received in, or illness caused by the performance 
of his duty, a death allowance, in lieu of any 
allowance payable under any other section of the 
charter or by ordinance, on account of death 
resulting from injury received in or illness caused 
by the performance of duty, shall be paid, begin- 
ning on the date next following the date of death, 
to his surviving wife throughout her life or until 
her remarriage. If the member, at the time of 
death, was qualified for service retirement, but 
had not retired, the allowance payable shall be 
equal to the retirement allowance which the 
member would have received if he had been 
retired for service on the day of death, but such 
allowance shall not be less than 55 percent of the 
final compensation eamable by said member 
immediately preceding death. If death occurs 
prior to qualification for service retirement, the 
allowance payable shall be equal to the final 
compensation of said member at the date of 
death, until the date upon which said member 
would have qualified for service retirement, had 
he lived and rendered service without interrup- 
tion in the rank held by him at death, and after 
said date the allowance payable shall be equal to 
the retirement allowance said member would 
have received if retired for service on said date, 
based on the final compensation he would have 
received immediately prior to said date, had he 



463 



Appendix A: Employment Provisions 



A8.585-5 



lived and rendered service as assumed, but such 
allowance shall not be less than 55 percent of 
such monthly final compensation. If he had re- 
tired prior to death, for service or for disability 
resulting from injury received in, or illness caused 
by the performance of duty, the allowance pay- 
able shall be equal to the retirement allowance of 
the member, except that if he was a member 
under Section 8.585 and retirement was for such 
disability, and if death occurred prior to qualifi- 
cation for the service retirement allowance, the 
allowance continued shall be reduced upon the 
date at which said member would have qualified 
for service retirement, in the same manner as it 
would have been reduced had the member not 
died. If there be no surviving wife entitled to an 
allowance hereunder, or if she dies or remarries 
before every child of such deceased member 
attains the age of 18 years, then the allowance 
which the surviving wife would have received 
had she lived and not remarried shall be paid to 
his child or children under said age, collectively, 
to continue until every such child dies or attains 
said age, provided that no child shall receive any 
allowance after manying or attaining the age of 
18 years. Should said member leave no surviving 
wife and no children under the age of 18 years, 
but leave a parent or parents dependent upon 
him for support, the parents so dependent shall 
collectively receive a monthly allowance equal to 
that which a surviving widow otherwise would 
have received, during such dependency. No al- 
lowance, however, shall be paid under this sec- 
tion to a surviving wife following the death of a 
member unless she was married to the member 
prior to the date of the injury or onset of the 
illness which results in death. 

A8.585-5 PAYMENT TO SURVIVING 
DEPENDENTS 

Upon the death of a member of the fire 
department resulting from any cause, other than 
an injury received in or illness caused by perfor- 
mance of duty, 

(a) if his death occurred after qualification 
for service retirement, under Section 8.585-2, or 
after retirement for service or because of disabil- 
ity which resulted from any cause other than an 



injury received in, or illness caused by perfor- 
mance of duty, three-fourths of his retirement 
allowance to which the member would have been 
entitled if he had retired for service at the time of 
death of three-fourths of the retirement allow- 
ance as it was at his death, as the case may be, 
shall be continued throughout life or until mar- 
riage, to his surviving wife, or 

(b) if his death occurred after the comple- 
tion of at least 25 years of service in the aggre- 
gate but prior to the attainment of the age of 50 
years, three-fourths of the retirement allowance 
to which he would have been entitled under 
Section 8.585-2 if he had attained the age of 50 
years on the date of his death shall be continued 
throughout life or until remarriage to his surviv- 
ing wife, or 

(c) if his death occurred after retirement for 
disability by reason of injury received in or 
illness caused by performance of duty, his retire- 
ment allowance as it was at his death shall be 
continued throughout life or until remarriage, to 
his surviving wife, except that, if death occurred 
prior to qualification for service retirement al- 
lowance, the allowance continued shall be ad- 
justed upon the date of which said member 
would have qualified for service retirement, in 
the same manner as it would have been adjusted 
had the member not died, or 

(d) if his death occurred after completion of 
at least 10 years of service in the aggregate, 
computed as provided in Section 8.585-10, an 
allowance in an amount equal to the retirement 
allowance to which the member would have been 
entitled pursuant to Section 8.585-3 if he had 
retired on the date of death because of incapacity 
for performance of duty resulting from a cause 
other than bodily injury received in or illness 
caused by performance of duty shall be paid 
throughout life or until remarriage to his surviv- 
ing wife. If there be no surviving wife entitled to 
an allowance hereunder, or if she dies or remar- 
ries before every child of such deceased member 
attains the age of 18 years, then the allowance 
which the surviving wife would have received 
had she lived and not remarried shall be paid to 
his child or children under said age, collectively, 



A8.585-5 



San Francisco - Charter 



464 



to continue until every such child dies or attains 
said age, provided that no child shall receive any 
allowance after marrying or attaining the age of 
18 years. Should said member leave no surviving 
wife and no children under age of 18 years, but 
leave a child or children, regardless of age, 
dependent upon him for support because par- 
tially or totally disabled and unable to earn a 
livelihood, or a parent or parents dependent 
upon him for support, the child or children and 
the parents so dependent shall collectively re- 
ceive a monthly allowance equal to that which a 
surviving wife otherwise would have received, 
during such dependency. No allowance, however, 
shall be paid under this section to a surviving 
wife unless she was married to the member prior 
to the date of the injury or onset of the illness 
which results in death if he had not retired, or 
unless she was married to the member at least 
one year prior to his death if he had retired. 

As used in this section and Section 8.585-4, 
"surviving wife" shall mean and include a sur- 
viving spouse, and shall also mean and include a 
spouse who has remarried since the death of the 
member, but whose remarriage has been termi- 
nated by death, divorce or annulment within five 
years after the date of such remarriage and who 
has not thereafter again remarried. 

The surviving wife, in the event of death of 
the member after qualification for but before 
service retirement, may elect before the first 
pajnnent of the allowance, to receive the benefit 
provided in Section 8.585-8, in lieu of the allow- 
ance which otherwise would be continued to her 
under this section. If there be no surviving wife, 
the guardian of the eligible child or children may 
make such election, and if there be no such 
children, the dependent parent or parents may 
make such election. "Qualified for service retire- 
ment," "Qualification for service retirement" or 
"Qualified as to age and service for retirement," 
as used in this section and other sections to 
which persons who are members under Section 
8.585 are subject, shall mean completion of 25 
years of service and attainment of age 50, said 
service to be computed under Section 8.585-10. 



A8.585-6 ADJUSTMENT OF 
ALLOWANCES 

Every retirement or death allowance payable 
to or on account of any member under Section 
5.585 shall be increased or decreased as of July 
1, 1990, and thereafter on the effective date of 
any legislation fixing the rates of compensation 
for firefighters under section 8.405 of this char- 
ter by an amount equal to 50 percent of any 
increase or decrease, respectively, in the rate of 
remuneration attached to the rank and position 
upon which such retirement or death allowance 
was based; provided, however, that no allowance 
shall be reduced below the amount being re- 
ceived by a member or his beneficiary on June 
30, 1976, or on the date such member or benefi- 
ciary began to receive the allowance, whichever 
is later. 

A8.585-7 AD JUSTMENT FOR 
COMPENSATION PAYMENTS 

That portion of any allowance payable be- 
cause of the death or retirement of any member 
of the fire department which is provided by 
contributions of the City and County, shall be 
reduced in the manner fixed by the board of 
supervisors, by the amount of any benefits other 
than medical benefits, payable by the City and 
County to or on account of such person, under 
any workers' compensation law or any other 
general law and because of the injury or illness 
resulting in said death or retirement. Such por- 
tion which is paid because of death or retirement 
which resulted from injury received in or illness 
caused by performance of duty, shall be consid- 
ered as in lieu of all benefits, other than medical 
benefits, payable to or on account of such person 
under such law and shall be in satisfaction and 
discharge of the obligation of the City and County 
to pay such benefits. 

A8.585-8 DEATH BENEFIT 

If a member of the fire department shall die, 
before retirement from causes other than an 
injury received in or illness caused by the perfor- 
mance of duty, or regardless of cause, if no 
allowance shall be payable under Section 8.585-4 
or 8.585-5 preceding, a death benefit shall be 



465 



Appendix A: Employment Provisions 



A8.585-11 




paid to his estate or designated beneficiary, the 
amount of which and the conditions for the 
pajnnent of which shall be determined in the 
manner prescribed by the board of supervisors 
for the death benefit of other members of the 
retirement system. Upon the death of a member 
after retirement and regardless of the cause of 
death, a death benefit shall be paid to his estate 
or designated beneficiary the amount of which 
and the conditions for the payment of which 
shall be determined in the manner prescribed by 
the board of supervisors for the death benefit of 
other members of the retirement system. 

A8.585-9 REFUNDS AND REDEPOSITS 

Should any member of the fire department 
cease to be employed as such a member, through 
any cause other than death or retirement or 
transfer to another office or department, all of 
his or her contributions, with interest credited 
thereon, shall be refunded to him or her subject 
to the conditions prescribed by the board of 
supervisors to govern similar terminations of 
employment of other members of the retirement 
system. If he or she shall again become a mem- 
ber of the department, he or she shall redeposit 
in the retirement fund, the amount refunded to 
him or her. Should a member of the fire depart- 
ment become an employee of any other office or 
department, his or her accumulated contribution 
account shall be adjusted by pa3nnents to or from 
him or her as the case may be to make the 
accumulated contributions credited to him or her 
at the time of change, equal to the amount which 
would have been credited to him or her if he or 
she had been employed in said other office or 
department at the rate of compensation received 
by him or her in the fire department and he or 
she shall receive credit for service for which said 
contributions were made, according to the char- 
ter section under which his or her membership in 
the retirement system continues. 

A8.585-10 COMPUTATION OF SERVICE 

The following time shall be included in the 
computation of the service to be credited to a 
member of the fire department for the purposes 
of determining whether such member qualified 



for retirement and calculating benefits, exclud- 
ing, however, any time, the contributions for 
which were withdrawn by said member upon 
termination of his service while he was a mem- 
ber under any other charter section, and not 
redeposited upon re- entry into service: 

(a) Time during and for which said member 
is entitled to receive compensation because of 
services as a member of the fire or police depart- 
ment. 

(b) Time during which said member is en- 
titled to receive compensation while a member of 
the retirement system, because of service ren- 
dered in other offices and departments prior to 
July 1, 1949, provided that accumulated contri- 
butions on account of such service previously 
refunded, are redeposited, with interest from 
date of refund to date of redeposit, at times and 
in the manner fixed by the retirement board; and 
solely for purpose of determining qualification 
for retirement under Section 8.585-3 for disabil- 
ity not resulting from injury received in, or 
illness caused by performance of duty, time dur- 
ing which said member serves, after July 1, 
1949, and receives compensation because of ser- 
vices rendered in other offices and departments. 

(c) Time during which said member is ab- 
sent from a status included in Subsections (a) 
and (b) next preceding, by reason of service in 
the armed forces of the United States of America, 
or by reason of any other service included in 
Section 8.520 of the charter, during any war in 
which the United States was or shall be engaged 
or during other national emergency, and for 
which said member contributed or contributes to 
the retirement system or for which the City and 
County contributed or contributes on his ac- 
count. 

A8.585-11 SOURCES OF FUNDS 

All payments provided for members under 
Section 8.585 shall be made from funds derived 
from the following sources, plus interest earned 
on said funds: 

(a) The normal rate of contribution for each 
member under Section 8.585 shall be based on 
his age taken to the next lower complete quarter 



A8.585-11 



San Francisco - Charter 



466 



year, (1) at the date he became a member under 
Section 8.568, in the case of persons who are 
members under that section, or (2) on his age at 
the date he becomes a member under Section 
8.585 in the case of persons who become mem- 
bers on or after July 1, 1975, without credit for 
service counted under Section 8.585-10. The age 
of entrance into the fire department shall be 
determined by deducting the member's service 
credited under Section 8.585-10 as rendered prior 
to the date upon which his age is based for 
determination of his rate of contribution accord- 
ing to the sentence next preceding, from said 
age. The normal rate of contribution of each such 
member, to be effective from the effective date of 
membership under Section 8.585, shall be such 
as, on the average for such member, will provide, 
assuming service without interruption, under 
Section 8.585-2, one-third of that portion of the 
service retirement allowance to which he would 
be entitled, without continuance to dependents, 
upon first qualifying as to age and service for 
retirement under that section, which is based on 
service rendered after the date upon which his 
age is based for determination of his rate of 
contribution according to the first sentence in 
this paragraph, and assuming the contribution 
to be made from that date. The normal rate of 
contribution, however, shall not exceed seven 
percent. 

(b) The dependent contributions for each 
member under this section which shall be re- 
quired of each member throughout his member- 
ship in addition to the normal contributions, and 
in the same manner as normal contributions, 
shall be such as, on the average for such member, 
will provide, assuming service without interrup- 
tion under Section 8.585-2, and upon his first 
qualifying as to age and service for retirement 
under that section, one-third of the portion of his 
allowance, which is to be continued under Sec- 
tion 8.585-5 after his death and throughout the 
life of a surviving wife whose age at said death is 
three years less than the age of said member. If, 
at the date of retirement for service or retire- 
ment for disability resulting from injury received 
in performance of duty, said member has no wife 
who would qualify for the continuance of the 



allowance to her after the death of said member, 
or upon retirement for disability resulting from 
other causes, regardless of his marital condi- 
tions, the dependent contributions with accumu- 
lated interest thereon, shall be paid to him 
forthwith. The dependent rate of contribution, 
however, shall not exceed the difference between 
seven percent and the member's normal rate of 
contribution, and said dependent rate may be 
taken as a flat percentage of the member's nor- 
mal rate, regardless of the age of qualification for 
service retirement. 

(c) There shall be deducted from each pay- 
ment of compensation made to a member under 
this section, a sum determined by appljdng the 
member's rates of contribution to such compen- 
sation payment. The sum so deducted shall be 
paid forthwith to the retirement system. Said 
contribution shall be credited to the individual 
account of the member from whose salary it was 
deducted, and the total of said contributions, 
together with interest credited thereon in the 
same manner as is prescribed by the board of 
supervisors for crediting interest to contribu- 
tions of other members of the retirement system, 
shall be applied to provide part of the retirement 
allowance granted to, or allowance granted on 
account of said member, or shall be paid to said 
member or his estate or beneficiary as provided 
in Sections 8.585-8, 8.585-9 and 8.585-10. 

(d) Contributions based on time included in 
Subsections (a), (b) and (c) of Section 8.585-10, 
and deducted prior to July 1, 1975, from compen- 
sation of persons who become members under 
Section 8.585, and standing with interest thereon, 
to the credit of such members on the records of 
the retirement system on said date, together 
with contributions made by such members pur- 
suant to the provisions of Section 8.526 and 
standing with interest thereon to the credit of 
such members on the records of the retirement 
system on said date, shall continue to be credited 
to the individual accounts of said members and 
shall be combined with and administered in the 
same manner as the contributions deducted af- 
ter said date. 



467 



Appendix A: Employment Provisions 



A8.585-13 



(e) The total contributions, with interest 
thereon, made by or charged against the City 
and County and standing to its credit, in the 
accounts of the retirement system, on account of 
persons who become members under Section 
8.585, shall be applied to provide the benefits 
under said Section 8.585. 

(f) The City and County shall contribute to 
the retirement system such amounts as may be 
necessary, when added to the contributions re- 
ferred to in the preceding paragraphs of this 
Section 8.585-11, to provide the benefits payable 
to members under Section 8.585. Such contribu- 
tions of the City and County to provide the 
portion of the benefits hereunder which shall be 
based on service rendered by each member prior 
to the date upon which his age is based for 
determination of his rate of contribution in Sub- 
section (a) of this Section 8.585-11, shall not be 
less during any fiscal year than the amount of 
such benefits paid during said year. Such contri- 
butions of the City and County to provide the 
portion of the benefits hereunder which shall be 
based on service rendered by respective mem- 
bers on and after the date stated in the preceding 
sentence, shall be made in annual installments, 
and the installment to be paid in any year shall 
be determined by the application of a percentage 
to the total compensation paid during said year, 
to persons who are members under Section 8.585, 
said percentage to be the ratio of the value on 
July 1, 1975, or at the later date of a periodical 
actuarial valuation and investigation into the 
experience under the system, of the benefits 
thereafter to be paid under this section, from 
contributions of the City and County, less the 
amount of such contributions, and plus accumu- 
lated interest thereon, then held by said systems 
to provide said benefits on account of service 
rendered by respective members after the date 
stated in the sentence next preceding, to the 
value of said respective dates of salaries there- 
after payable to said members. Said values shall 
be determined by the actuary, who shall take 
into account the interest which shall be earned 
on said contributions, the compensation experi- 
ence of members and the probabilities of separa- 
tion by all causes, of members fi:om service 



before retirement and of death after retirement. 
Said percentage shall be changed only on the 
basis of said periodical actuarial valuation and 
investigation into the experience under the sys- 
tem. Said actuarial valuation shall be made 
every even-numbered year and said investiga- 
tion into the experience under the system shall 
be every odd-numbered year. 

(g) To promote the stability of the retire- 
ment system through a joint participation in the 
result of variations in the experience under mor- 
tality, investment and other contingencies the 
contributions of both members of the City and 
County held by the system to provide the ben- 
efits under this section, shall be a part of the 
fund in which all other assets of said system are 
included. Nothing in this section shall affect the 
obligations of the City and County to pay to the 
retirement system any amounts which may or 
shall become due under the provisions of the 
charter prior to July 1, 1975, and which are 
represented on- said effective date, in the ac- 
counts of said system by debits against the City 
and County. 

A8.585-12 RIGHT TO RETIRE 

Upon the completion of the years of service 
set forth in Section 8.585-2 as requisite to retire- 
ment, a member of the fire department shall be 
entitled to retire at any time thereafter in accor- 
dance with the provisions of said Section 8.585-2, 
and nothing shall deprive said member of said 
right. 

A8.585-13 LIMITATION IN 
EMPLOYMENT DURING RETIREMENT 

Except as otherwise provided in section 8.511 
of this charter, no person retired as a member 
under Section 8.585 for service or disability and 
entitled to receive a retirement allowance under 
the retirement system shall serve in any elective 
or appointive position in the City and County 
service, including membership on boards and 
commissions, nor shall such person receive any 
pajnnent for service rendered to the City and 
County after retirement, provided that service as 
an election officer or juror, or in the preparation 
for, or the giving of, testimony as an expert 



A8.585-13 



San Francisco - Charter 



468 



witness for or on behalf of the City and County of 
San Francisco before any court or legislative 
body shall not be affected by this section. 

A8.585-14 RIGHT TO TRANSFER 

Notwithstanding any provisions of this char- 
ter to the contrary, any person who, on or after 
January 1, 1981, is a member of the Fire Depart- 
ment, and is a member of the Retirement System 
under Charter Section 8.585, may become a 
member of the Retirement System under Char- 
ter Section 8.588 by filing in writing with the 
Retirement System no later than December 31, 
1981, an executed waiver of all benefits which 
might inure to him under Charter Section 8.585. 
This waiver must be without right of revocation 
and on a form furnished by the Retirement 
System. The Retirement Board may require that 
this waiver be executed by additional parties 
before it becomes operative. 

This transfer will be effective July 1, 1980. 
Those persons so electing to become members 
under Charter Section 8.588 shall receive service 
credit under Charter Section 8.588 equal to their 
service credit under Charter Section 8.585 as of 
June 30, 1980. 

Those persons so electing to become members 
under Charter Section 8.588 shall not be subject 
to any of those provisions of Charter Section 
8.585 as of July 1, 1980. 

Notwithstanding the provisions of Charter 
Section 8.526, the cost of living adjustment in 
any given year prior to January 1, 2000 for those 
persons electing this transfer to Charter Section 
8.588 shall not exceed the provisions of Charter 
Section 8.526 as they existed on July 1, 1980. 

Those persons so electing to transfer mem- 
bership from Charter Section 8.585 to Charter 
Section 8.588 shall receive a monetary consider- 
ation not to exceed $40,000 calculated at the rate 
of $2,500 for each year of said service credit up to 
10 years and then at the rate of $1000 for each 
additional year of said service credit. This mon- 
etary consideration shall be paid from said 
member's contribution account including any 
interest thereon. When said member's contribu- 



tion account is depleted, the balance shall be 
paid from the City and County contributions 
held by the Retirement System. 

This consideration shall be payable January 
1, 1982. Alternatively, an employee may elect to 
receive payments according to a schedule estab- 
lished by the Retirement Board. 

Notwithstanding any other charter or ordi- 
nance provisions, a member transferring pursu- 
ant to this section shall be eligible to receive any 
benefits payable because of an increase in ben- 
efits approved by the voters for other members 
under Charter Sec